HomeMy WebLinkAbout2017-06-21 Council Packet
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 21, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment 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 PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
1. Bob Frates, Parks and Recreation Director - Introduction of the Winners of
the 2017 Pathway of Poetry Project Sponsored by the Friends of the Kenai
Community Library and the Kenai Parks and Recreation Department.
2. Dan Castimore, IT Manager – Introduction and Demo of the City Dipnet App.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 2965-2017 – Amending Kenai Municipal Code 4.32.015 –
Local Amendments to the 2012 International Residential Code, to Facilitate
Fee Schedule Changes for Building Permits and Plan Reviews. ............ Pg. 5
2. Ordinance No. 2966-2017 – Increasing General Fund Estimated Revenues
and Appropriations for Costs in Excess of Budgeted Amounts. ............. Pg. 9
3. Ordinance No. 2967-2017 – Appropriating Transfers for FY2018 Budgeted
Capital Projects in the Public Safety Capital Project Fund, the Kenai Animal
Shelter Improvements Capital Project Fund, the Municipal Roadway
Improvements Capital Project Fund, the City Shop Improvements Capital
Project Fund, and the Cemetery Improvements Capital Project Fund. ... Pg. 12
4. Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into
General Fund Land Administration-Lands Fund for the Purchase by the City of
Kenai City Council Meeting Page 2 of 4
June 21, 2017
Kenai’s General Fund of Airport Property Outside the Airport Reserve
Constituting Approximately 16.49 Acres of Real Property Described as S1/2
S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian, Commonly Referred
to as ‘Lawton Acres’ and Deed Restricting the Future Use Of the Property to
Parks and Recreational Uses to be Retained by the City for a Public Purpose.
.............................................................................................................. Pg. 16
5. Resolution No. 2017-31 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to Library Fees, as Recommended
by the Library Director. .......................................................................... Pg. 24
6. Resolution No. 2017-32 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to the Water Service Fee
Schedule. .............................................................................................. Pg. 27
7. Resolution No. 2017-33 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to the Planning & Zoning Fees, as
Recommended by the City Planner. ...................................................... Pg. 32
8. Resolution No. 2017-34 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to the City’s Dock Fees. .... Pg. 36
9. Resolution No. 2017-35 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to the City’s Animal Control Fees,
as Recommended by the Chief Animal Control Officer. ......................... Pg. 39
10. Resolution No. 2017-36 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes to the City’s Building Permit Fees.
.............................................................................................................. Pg. 44
11. Resolution No. 2017-37 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Eliminate Fees for Private Detective Agencies, as
Recommended by the Police Chief. ....................................................... Pg. 48
12. Resolution No. 2017-38 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees To Incorporate Changes To The Fees Of The Kenai
Municipal Airport, As Recommended By The Airport Manager............... Pg. 50
13. Resolution No. 2017-39 – Stating its Conditional Protest Regarding the
Issuance Of A New Limited Marijuana Cultivation Facility, Marijuana License
No. 12303, for Peninsula Botanicals, LLC, DBA Peninsula Botanicals, Located
at 1030 Angler Drive Unit B, Kenai AK, 99611 and Authorizing the City Clerk
to take Certain Action. ........................................................................... Pg. 54
14. Resolution No. 2017-40 – Authorizing a Budget Transfer within Other
Buildings & Areas Department of the Airport Fund for a Professional Services
Agreement to Review the Airport’s Land Lease and Land Sales Policies.
.............................................................................................................. Pg. 64
Kenai City Council Meeting Page 3 of 4
June 21, 2017
15. Resolution No. 2017-41 - Consenting to an Assignment of Lease of Certain
Airport Lands Between Sidney Morris and Schilling Rentals (2016), LLC and
Consenting to an Amendment Changing the Annual Lease Rate from Ten
Percent to Eight Percent of the Existing Lease on Real Property Described as
Lot 1A, Block 1, Deshka Subdivision...................................................... Pg. 66
E. MINUTES
1.*Regular Meeting of June 7, 2017 ............................................................ Pg. 78
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. ................................................ Pg. 93
2. *Action/Approval – Purchase Orders Exceeding $15,000. ................... Pg. 94
3. *Ordinance No. 2969-2017 – Amending Kenai Municipal Code Title 24 –
Municipal Cemetery, to Update Procedures for Development of Cemetery
Regulations and Opening and Closing of Graves, and to Provide Regulations
in the Cemetery Regulations Appendix for Columbarium Niches, Marker or
Headstone Deposits, and Other Housekeeping Changes. .................. Pg. 103
4. *Ordinance No. 2970-2017 – Increasing Fiscal Year 2017, General Fund,
Airport Fund, Water & Sewer Fund, Personal Use Fishery Fund, and
Congregate Housing Fund Estimated Revenues And Appropriations For The
Transfer Of Funds To Establish The New Employee Health Care Internal
Service Fund Which Shall Be Utilized For Administering Employee Health Care
Beginning In Fiscal Year 2018, July 1, 2017. ...................................... Pg. 108
5. Action/Approval – Approving Travel Expenses for McSwain Consulting
Relating to Appraisal of Lawton Acres. ............................................... Pg. 112
6. Action/Approval – Special Use Permit to Reddi Towing for an Impound Lot.
........................................................................................................... Pg. 114
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission ............................................................................ Pg. 122
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission ...................................................... Pg. 125
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
Kenai City Council Meeting Page 4 of 4
June 21, 2017
1. City Manager ...................................................................................... Pg. 130
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Review and Discussion of Interview Questions, Interview Dates, and
Applications Submitted for the City Clerk Position. [AS 44.62.310(C)(2)(3) a
Subject that Tends to Prejudice the Reputation and Character of an Applicant
and Matters which by Law, Municipal Charter, or Ordinance are Required to be
Confidential.]
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
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.
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO . 2965-20 17
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI
MUNICIPAL CODE 4 .32 .015 -LOCAL AMENDMENTS TO THE 2012 INTERNATIONAL
RESIDENTIAL CODE, TO FACILITATE FEE SCHEDULE CHANGES FOR BUILDING PERMITS
AND PLAN REVIEWS .
WHEREAS, KMC 4.32.015 currently provides that the City will charge a plan review fee and a
separate building permit fee for residential properties ; and ,
WHEREAS, amending KMC 4 .32 .015 as provided will allow the C ity to charge one combined fee
for a building permit and plan review as recommended by the Public Works Department.
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows :
Section 1. Form: That this is a code ordinance .
Section 2. Amendment of Section 4.32 .015 of the Kenai Municipal Code : That Kenai
Municipal Code , Section 4 .32.015 -Residential Code, is hereby amended as follows:
The fees for construction of Group R-3 and Group U-1 occupancies , or portions thereof,
are as set forth in the City's schedule of rates , charges and fees adopted by the City Council.
[PLAN REVIEW FEES SHALL BE FIFTY PERCENT (50%) OF THE BUILDING PERMIT FEE
FOR GROUP R-3 AND GROUP U-1. PLAN REVIEW FEES SHALL BE PAID AT THE TIME
APPLICATIONS FOR BUILDING PERMITS ARE SUBMITTED.]
Secti on 3. Severability: That if any part or provision of this ordinance or app lication 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, provis ion , or application di rectly invol ved
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 .
Sect ion 4. Effective Date: That pursuant to KMC 1.15 .0?0(f), this ordinance shall take effect
30 days after adoption.
New Text Underl ined; [DE LETED T EXT B RAC KE TE D]
Page 5 of 145
Ordinance No. 2965-2017
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 21st day of June , 2017.
ATTEST:
City Clerk
BRIAN GABRIEL SR., MAYOR
New Text Underl ined; [DE LETED TEXT BRACKETED]
Introduced: June 7, 2017
Enacted : June 21, 2017
Effective: J uly 21 , 2017
Page 6 of 145
'Vtfffl/e «1/t~ a Pa.?~ Ct'tj «1/t~ a h.tu.r-e"
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manage ~~·
Sean Wedemeyer, Public Works Director/Capital Projects Manager S,Nt ~
May 30, 2017
Modifying KMC 4.32.015 Local Amendments to the 2012 International
Residential Code
This purpose of this memo is to recommend adoption of an ordinance modifying KMC
4.32.015 .
Mike Wesson , our Building Official , investigated the method and rate other municipalities
h f b 'Id ' 't d I . f Th It . d h c aroe or UI rnq oermr s an pan review ees . e resu s are summarize ere.
Municipality Permit cost Cost of permit and plan review based
based on on 2000 sf home with 1000 sf garaqe
Kenai currently Square Footaqe $1 ,050
Kenai to be proposed on 6/21 Valuation $1 ,581
Soldotna Valuation $1 ,962
Ketchikan Valuation $2 ,348
Seward Valuation $3,238
Kodiak Valuation $2,422
The current fee schedule for residential permits has been in place since 2003 without any
modifications that would reflect the substantial rise of inflation during that time. Further, the
residential permitting fee we are currently using is not an industry standard. It is based solel y
on square footage . All municipalities we surveyed are using the Valuation Method process for
their residential buildings, which is what Kenai uses for commercial construction permits.
The Valuation Method calculates fees based on the cost of construction published by the
International Code Council to calculate the permit fee . This results in increased permit fees
due to inflation without requiring future changes to the code or fee schedule .
KMC 4 .32 .015 states in part
Page 7 of 145
Page 2 of 2
Subject
Plan review fees shall be fifty percent (50%) of the building permit fee for Group R-3
and Group U-1. Plan review fees shall be paid at the time applications for building
permits are submitted.
At the June 21s t meeting a resolution will be offered for adoption that will change the way we
charge for building permits and plan reviews based on the information provided in this memo.
The proposed permit fee calculation will eliminate the separate charge for the plan review
based on the industry standard. Subsequently I recommend adopting this ordinance removing
the code language above.
Thank you for your consideration.
Page 8 of 145
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2966-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA , INCREASING
GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS FOR COSTS IN EXCESS
OF BUDGETED AMOUNTS.
WHEREAS, the General Fund Clerks Office budget has been e xhausted with the conclusion of
the City Clerk's Employment Contract and the payment of a 120 day severance package to
include salary and life insurance premiums paid in lump sum and continued medical benefits ; and ,
WHEREAS , supplemental funding of $26,600 is need for the remainder of FY2017; and,
WHEREAS, supplemental funding of $26,600 will provide sufficient budget for the employment of
the interim City Clerk and a temporary Administrative Assistant II for the remainder of FY2017.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA :
Section 1: Form: That this is a non-code ordinance.
Section 2: That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues -
Appropriation of Fund Balance
Increase Appropriations:
City Clerk -Salaries
City Clerk -Overtime
City Clerk -Leave
$26 .600
$26,050
500
50
$26.600
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 .
New Text Underlined ; [DELETED TEXT BRACKETED]
Page 9 of 145
Ordinance No. 2966-2017
Page 2 of 2
Section 4. Effective Date: "That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 21 51 day of June, 2017.
ATTEST:
Jamie Heinz , Acting City Clerk
Approved by Finance ~
BRIAN GABRIEL SR., MAYOR
Introduced: June 7, 2017
Enacted : June 21 , 2017
Effective: June 21 , 2017
New Text Underlined; [DELETED TEXT BRACKETED]
Page 10 of 145
'Vttlar «1/t~ a Pa~~ e~ «1/t~ a Fu.tfl.l'e "
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gab rie l and Kenai City Council
Paul Ostrander, City Manager? o -
Terry Eubank , Finance Director 1£.
May 31, 2017
Ordinance 2966-2017
The purpose of this memo is to respectfully request adoption of Ordinance 2966-2017. At the
May 17, 2017 Council Meeting the City Council recognized the end date of the City Clerk 's
Contract and provided a 120 day severance package to include salary and life insurance
premiums paid in lump sum and continued medical benefits with an effective date of May 18,
2017.
Payment of severance was not a budgeted item and Ordinance 2966-2017 will provide sufficient
funding for an acting City Clerk and a temporary Administrative Assistant II through the end of
FY2017 . The FY2018 Budget is sufficient for this staffing until such time as the permanent Clerk
is hired.
Page 11 of 145
Sponsored by : Administration
CITY OF KENAI
ORDINANCE NO. 2967-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
TRANSFERS FOR FY2018 BUDGETED CAPITAL PROJECTS IN THE PUBLIC SAFETY
CAPITAL PROJECT FUND, THE KENAI ANIMAL SHELTER IMPROVEMENTS CAPITAL
PROJECT FUND , THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND ,
THE CITY SHOP IMPROVEMENTS CAPITAL PROJECT FUND , AND THE CEMETERY
IMPROVEMENTS CAPITAL PROJECT FUND.
WHEREAS , at its June 7, 2017 meeting , Council adopted the FY2018 Citywide Budget which
included $488,000 in capital projects; and,
WHEREAS, $120,000 was appropriated to the Public Safety Capital Project Fund for replacement
of the facilities heating system; and,
WHEREAS , $35,000 was appropriated to the Kenai Animal Shelter Improvements Capital Project
Fund to provide supplemental funding for the facility recoating project ; and,
WHEREAS , $48,000 was appropriated to the Municipal Roadway Improvements Capital Project
Fund for repair of the Ryan 's Creek outflow culvert on Frontage Road ; and,
WHEREAS , $35,000 was appropriated to the City Shop Improvements Capital Project Fund for
expansion of the facilities pad ; and ,
WHEREAS , $250 ,000 was appropriated to the Cemetery Improvements Cap ital Project Fund for
design and construction of Phase I of the Kenai Cemetery Exp ans ion ; and,
WHEREAS, appropriation is required in the individual capital project funds prior to funds being
extended .
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows:
Section 1. Form : That this is a non-code ordinance .
Section 2. That estima te d revenues and appropriations be increased as follows :
Public Safety Capital Project Fund
Increase Estimated Revenues -
Transfer from General Fund
Increase Appropriation -
Construction
New Text Underlined ; [DE LETE D TE XT BRACKETED]
$120 ,000
$120.000
Page 12 of 145
Ordinance No. 2967-2017
Page 2 of 3
Section 3. That estimated re venues and appropriations be increased as follows:
Kenai An imal Shelter Improvements Capital Project Fund
Increase Estimated Revenues -
Transfer from General Fun d
Increase Appropriation -
Construction
$35.000
$35 .000
Section 4 That estimated revenues and appropriations be increased as follows :
Municipal Roadway Improvements Capital Project Fund
Increase Estimated Revenues -
Tran sfer from General Fund
Increase Appropriation -
Construction
$48.000
$48.000
Section 5. That estimated revenues and appropriations be increased as follows :
City Shop Improvements Capital Project Fund
In c rea se Estimated Revenues -
Transfer from General Fund
Increase Appropriation -
Construction
$35 .000
$35.000
Section 6 That estimated revenues and appropriations be increased as follows:
Cemetery Improvements Capital Project Fund
In c rease Estimated Revenues -
Transfer from General Fund
In crease Appropriation -
Construction
$250 .000
$250.000
Section 7. Severability: That if any part or provision of this ordinance or application thereof to
any person or c ircumstances is adjudged invalid by any court of competent jurisd iction , 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 ci rcumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance eve n
wi thout such part, provision , or application.
Ne w Text Underlined; !DELET ED TEXT BRAC KETED ]
f
Page 13 of 145
Ordinance No. 2967-2017
Page 2 of 3
Section 8. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
July 1, 2017 .
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of June, 2017.
ATTEST:
Jamie Heinz, Acting City Clerk
Approved by Finance _:;1L
BRIAN GABRIEL SR., MAYOR
Introduced: June 7, 2017
Enacted : June 21, 2017
Effective: July 1, 2017
New Text Underline d ; [DELETED TEXT BRACKETED ]
Page 14 of 145
1Vttl~ «J/t/i a Pa~~ e~ «Jt'tli a Fata.re II
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone: (907) 283-75351 Fax : (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE :
SUBJECT:
Mayor Brian Gabriel and Kena i City Council
Paul Ostrander, City Manager <(.CJ·
Terry Eubank , Finance Director 1£.
May 31 , 2017
Appropriation of FY2018 Budgeted Capital Projects
The purpose of this memo is to provide supporting information for Ordinance 2967-2017.
Ordinance 2967-2017 will appropriate funds transferred from the General for capital projects in
the FY2018 Budget. Funds transferred by other funds require appropriation prior to e xpending in
the fund receiving the transfers .
The FY2018 Budget appropriated a transfer of $120 ,000 to the Public Safety Capital Project Fund
for rep lacement of boi lers at the City's Public Safety Building . These funds will be combin e d with
a State of Alaska Department of Commerce , Community, and Economic Developmen t Grant for
completion of the project.
$35 ,000 was transferred to the Kenai Animal Shelter Improvements Capita l Project Fund to
provide supplemental funding for a project to recoat the facilities walls and floors in the an imal
area . Previous appropriations were not suffic ient and this supplemental funding is needed to
complete the project.
$48 ,000 to the Municipal Roadway Improvements Capital Project Fund for repair of the Ryan 's
Creek outflow culvert on Frontage Road. The outflow is failing , threatening to undermine the
sidewalk and roadway.
$3 5,000 was transferred to the City Shop Improvements Capital Project Fund for ex pansion of
the facilities pad . Pad e xpansion will allow material stored at the Old City Shop Yard to be moved ,
reducing the General Funds annual lease pa y ment to the Airport .
$250 ,000 was transferred to the Cemetery Improvements Capital Project Fund for the Phase 1
expansion of the facil ity. At current burial rates an estimated 3 or 4 years of burial plots are
ava ila ble . Expansion will take place across Float Plane Basin Road from the existing cemetery.
Passag e of th is Ordinance will allow each of these projects to proceed and you support is
respectfull y requested .
Page 15 of 145
Sponsored by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 2968-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
GENERAL FUND BALANCE FUNDS INTO GENERAL FUND LAND ADMINISTRATION-LANDS
FUND FOR THE PURCHASE BY THE CITY OF KENAl'S GENERAL FUND OF AIRPORT
PROPERTY OUTSIDE THE AIRPORT RESERVE CONSTITUTING APPROXIMATELY 16.49
ACRES OF REAL PROPERTY DESCRIBED AS S1/2 S1/2 SW1/4, SECTION 33,T6N, R11W,
SEWARD MERIDIAN, COMMONLY REFERRED TO AS 'LAWTON ACRES' AND DEED
RESTRICTING THE FUTURE USE OF THE PROPERTY TO PARKS AND RECREATIONAL
USES TO BE RETAINED BY THE CITY FOR A PUBLIC PURPOSE.
WHEREAS , the City obtained the 16.49 acre parcel (Lawton Acres) from the Federal Aviation
Administration (FAA) in 1964, via a Quit Claim Deed generally restricting the use of the property
to development, improvement, operation or maintenance of the Airport; and ,
WHEREAS, pursuant to a request by the City on April 20 , 1983, the FAA issued a Deed of
Release for Lawton Acres containing a Reverter Clause similar to the original Quit Claim Deed
that provides that if the terms and conditions of the conveyance document are not followed , the
property will revert to the federal government at its option ; and ,
WHEREAS, in accepting the Deed of Release, the City Council passed Resolution 83-48
providing that proceeds from any sale or lease of the property would be devoted to the Airport for
development, improvement, operation or maintenance; and ,
WHEREAS , Lawton Acres is not needed by the Airport for Airport purposes; and ,
WHEREAS , the funds utilized for the purchase will not leave the City, but transfer from the
General Fund to the Airport for Airport uses; and ,
WHEREAS, Lawton Acres is currently and has historically been zoned as Conservation allowing
for Parks and Recreational uses; and ,
WHEREAS , the City's 2016 Comprehensive Plan provides for Lawton Acres to be parks ,
recreation and open space; and,
WHEREAS, historic and recent efforts by the City to sell Lawton Acres for development purposes
has been met with public opposition in favor of maintaining the ex isting uses; and,
WHEREAS, the City Council and majority of public comments reflect a desire for a permanent
resolution for the property eliminating future uncertainty and conflict; and,
WHEREAS , there is significant public support, expressed in writing and orally at public meetings,
for the purchase of La wton Acres by the General Fund to allow for preservation of property; and ,
New Text Underlined ; [DELETED TEXT BRACKETED)
Page 16 of 145
Ordinance No . 2968-2017
Page 2 of 4
WHEREAS, preserving the property in its current state or allowing limited Parks and Recreational
development will maintain the sanctity of the surrounding residential neighborhoods and provide
separation from industrial and commercial areas; and,
WHEREAS , at least parts of the 16.49 acres, which specifically includes the 'Field of Flowers ,' is
already used as a publi c park ; and,
WHEREAS , the City's General Fund has sufficient funds to purchase the property without
significant negative implications ; and ,
WHEREAS, KMC 21.15.080-Appraisal , requires that Airport land be appraised within the last 12
months prior to a sale, and KMC 21.15 .180-Sale, requires the sale to be at fair market value ; and ,
WHEREAS , KMC 22 .05 .135-Acquisition of Property, allows the Council to authorize the purchase
of property for a public use, after a qualified appraiser has appraised the property; and ,
WHEREAS, it is in the best interest of the City to purchase the property at its appraised value for
the public use of preserving the property in its current state or allowing limited Parks and
Recreational development to maintain the sanctity of the surrounding residential neighborhoods
and provide separation from industrial and commercial areas and create public parks and
recreational opportunities for all residents of the City; and,
WHEREAS , placing a deed restriction on the property restricting its use in perpetuity for parks
and recreational uses, will accomplish the public purpose in the property acquisition .
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows :
Section 1. Form: That this is a non-code ordinance.
Section 2. Statement of Ownership : That the City of Kenai , on behalf of the Airport is the
Owner of the real property described as S 1/2 S 1/2 SW 1/4, Section 33 , T6N , R11W, Seward
Meridian .
Section 3. Public Purpose and Best Interest Findings: That the Kenai City Council further
finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of
Kenai and that the public interest shall be served by its acquisition for the total purchase price as
established by a fair market value appraisal, in accordance with the rec itals above which are
incorporated herein . That it is further found that the property is not needed for Airport purposes .
Section 4. Authorization of Pu rchase : That the Kenai City Council hereby authorizes the City
Manager to purchase the real property described as S 1/2 S 1/2 SW 1/4 , Section 33, T6N , R11W ,
Seward Meridian , for the total purchase price as appraised, on a form approved by the City
Attorney, to be retained by the City for public use and restricted as provided below.
New Te xt Underlin ed ; [DELETED TE XT BRACKETED)
Page 17 of 145
Ordinance No . 2968-2017
Page 3 of 4
Section 5. That estimated revenues and appropriations be increased as follows :
General Fund
Increase Estimated Revenues -
Appropriation of Fund Balance:
Increase Appropriations:
Land Administration -Land :
Section 6. Title: That Title shall be conveyed by a Quit Claim Deed . Any instrument
conveying Title to the property shall include the following restrict ions, promises, and /or covenants :
(a ) that the City of Kenai reserves unto that the Grantee expressly agree for itself and
its heirs, executors , administrators, successors, transferees, and assigns, for the use and
benefit of the public a right of flight for the passage of aircraft in the airspace above the
surface of the property, together with the right to cause in said airspace such noise as may
be inherent in the operation of aircraft, now known or hereafter used , for navigation of or
flight in the said airspace, and for use of said airspace for landing on or at and for taking
off from or operating on Kenai Municipal Airport ; and,
(b) that the Grantee ex pressly agree for itself and its heirs , executors, administrators,
successors , transferees , and assigns to restrict the height of structures , objects of natural
grown , and other obstructions on the property to a height of not more than 242 above
mean sea level ; and ,
(c) th at the Grantee expressly agree for itself and its heirs , executors , administrators ,
successors , transferees, and assigns to prevent any use of the property which would
interfere with landing or taking off of aircraft at the Kenai Municipal Airport , or otherwise
constitute an airport hazard ; and,
( d) that in perpetuity, the use of the property shall be restricted for public park,
recreation; and ,
(e) that all covenants heretofore stated , shall run wi t h the land and shall inure to the
benefit of, and be binding upon the heirs , executors , administrators, su ccessors ,
transferees, and assigns of the parties to the contract for sale and conveyance .
Section 7. Proceeds of Sale: That should a sale of the property be finalized , all revenues
from the sale shall be deposited in the Airport Land Sale Permanent Fund for use in the
development, impro vement , and operation of the Kenai Municipal Airport and as otherwise
required in that Deed of Release e xecuted on April 20 , 1983 and recorded at Book 209 , Pages
30-3 1, Kenai Recording District.
Section 8. Severability: That if any part or provision of this Ordinance or applica t ion 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 whi c h 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 person s or circumstances .
The City Counc il hereby declares that it would have enacted the remainder of this Ordinance ev en
w ithout such part, provision , or application .
New T ext Underli ned ; [DELETED TEXT B RACKET ED ]
Page 18 of 145
Ordinance No . 2968-2017
Page 4 of 4
Section 9. Effective Date : That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption. ·
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21st day of June, 2017 .
ATTEST :
City Clerk
BRIAN GABRIEL SR., MAYOR
New Text Un derl ined ; [DELETED TEXT BRAC KETED]
Introduced : June 7, 2017
Enacted : June 21 , 2017
Effective: July 21, 2017
Page 19 of 145
'll/fftije «11'tli a PaJ'~ ft~ «11'tli a Fat~"
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Council Member Boyle
June1,2017
Ordinance No. 2968-2017 regarding Lawton Acres
Ordinance 2968-2017 proposes to purchase Lawton Acres utilizing General Fund , Fund Balance
and deed restrict the property for Parks and Recreational uses. The funds utilized for the
purchase will stay within the City and will be utilized for the benefit of the City's Airport. This
direction is consistent with historic and recent public testimony and provides a final solution and
direction for Lawton Acres .
Kenai Municipal Code requires that the property be appraised and the purchase price reflect fair
market value. There is not a recent appraisal on the property. This Agenda includes an Action
Approval item authorizing the City Manager or City Attorney to obtain an appraisal. It is my
understanding that an appraisal can be accomplished by June 19, 2017. This would allow the
Council to know the purchase price of the property prior to voting on enactment of this Ordinance
at Council 's June 21, 2017 meeting.
Your consideration is appreciated.
Page 20 of 145
Compromise Between City Residents and The City of Kenai: Lawton Acres.
Background:
A: The area known as Lawton Acres (see attachment)-a stretch of land in the City of Kenai, Alaska -running along
the Kenai Spur Highway from Walker Lane to Rogers Road on the North side and from Walker Lane to Rogers
Road along Lawton Drive on the South side -continues to resurrect itself for consideration by the City
Council/Planning and Zone Commission for rezoning, conditional use considerations, and potential sale .
B. It would seem to make sense to reach a permanent solution versus revisiting the issue over and over.
Note: The land is currently drawn up by the City as four tracts (A-D) (see the attached drawing). Starting on at Tract A
on the Walker Lane side, the lot may be 150 feet deep, but there is only 100 feet of tree cover. For Tracts A and B, one
can see the Spur Hwy through the trees already. Lack of an adequate buffer is a paramount issue with the area's
residents. The Walker Lane end of Lawton Acres (Tracts A and B) appears to be too narrow to allow a realistic -
commercial to residential-transition. A 30 feet buffer at Tract A and B is just too thin in width!
Tract C (Field of Flowers) is a former fire training ground and is plagued with contamination .
Option:
1. Deem Tracts A, B, and C as not being commercially viable -using the rational of narrowness (lack of
adequate buffer) of Tracts A & B and contamination of Tract C. Petition the FAA to deed over to the
City without charge and without land sale requirements due to the costly process to make a vi able
and acceptable buffer or to remediate contamination. The three tracts would then be added to the
City Parks systems and would be under the care of Parks and Recreation.
2. With input from the Lawton Acres affected residents, sell, via an acceptable competitive offer, the
property (Tract D) from Rogers Road to the beginning of Tract 3 (Field of Flowers) as LIMITED Light
Commercial conditional use property-allowing such development as a Professional Office Building,
Medical(Doctor's Office) or Dental Office . Require using a Spur Highway entrance, or possibly Rogers
Road entrance and with limited reduction in trees toward the Lawton Drive side. Proceeds would go
into the Airport Fund to further support the Kenai Airport. NOT ALL COMMERICAL USE ZONE
BUSINESSES OR STRUCTURES WOULD BE ALLOWED. Stipulations would be made of the purchaser
to provide development that has the esthetics and design to be the least conspicuous. Strict
adherence to submitted site and building plans would be required. The Lawton Drive/Rogers Road
buffer zone could be 150-200 feet! Since once trees are cut down it is impossible to replace them,
close scrutiny is required by City Inspectors or designated personnel in the property Landscape
phase .
THOUGH IN A PERFECT WORLD, HAVING EVERYTHING STAY THE SAME MIGHT BE IDEALISTIC, THIS COMPROMISE
WOULD ALLOW THE AREA TO GET THIS ISSUE BEHIND US.
Attachments -Lawton Acres -Tracts A, B, C, and D.
Page 21 of 145
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KE.\\)A1.
'! 7uo •
Tr-.~1-B
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L WTON
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NOTES:
1) Gu service is avaif1t>Jt to 111 paruls from the K~1I Spur Hwy.
2) Ettctrlc service is avallible to 1fl parcels from t he Kenai Spur Hwy .
3) Wettr set"\ilce ls avaltaf:llefrom Walker Ln .• Lawton Dr ., ind Rogers Rd .
4) Sewtr 1ervtu Is ~vailob~ from W1lke-r Ln., Uwton Or., and Ro1ers Ref.
5) Thf Ke nai Penlnsul1 8 oro14h rtcommended a 20' riiht of way
drdlatlon of Uwtori Or. alone the south bound1ry of Uwton Acrrs to
provide for 1 total ri cht or WIY width of 10'.
L 1:2,000 J
-
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Page 22 of 145
Jamie Heinz
From: Peter 0 . Hansen <pohansen@alaska.net>
Thursday, June 15, 2017 9:58 PM Sent:
To: Jamie Heinz
Subject: Testimony in Support of Ordinance No. 2968 -2017
Dear Miss Heinz,
My wife and I are aware the Kenai City Council is planning to hold a public hearing Wednesday June 21, 2017 on
Ordinance No . 2968-2017 regarding Lawton Acres.
We strongly support and favor the passage of this ordinance for the following reasons; since we will be out of state that
evening we are asking for this information to be submitted as our testimony during the Public Hearing and read into the
minutes of it.
• Our home at 418 Rogers Road is one of about 80 residences in the Inlet View Subdivision which are effected by
noise from the traffic rolling into and out of Kenai. Even though we live a block south of Lawton Street we often
hear the Semi-truck tractors starting up from the Wal-Mart traffic light as well as other heavy traffic as they pick
up speed leaving town . Preserving Lawton Acres for recreational purposes as it is with the flora and fauna it has
helps keep a sound buffer even though it is not perfect for residences south of the highway.
• Lawton Acres in its natural state provides a buffer for Inlet View and Central Heights Subdivisions from north
winds.
• There are an increasing number of children living in Inlet View as well as the many young folks living in Central
He ig hts Subdivision which has probably another 60 homes and there is no City Park ground for these kids and/or
their families to play in other than the middle school and hi gh sc hool playground a half mile away, and often
these playgrounds have restrictions.
• A portion of Lawton Acres has been used for Oil Fire Training which we have observed in the past and this land is
contaminated.
• Back in the 1970's we and many of our neighbors petitioned the Kenai City Council to have Lawton Acres
preserved for, we believe, Conservation, in order for it to remain a natural habitat for plants and animals. If
one looks at the area surrounding Lawton Acres, it is the last acreage of forested area on the Southeast side the
City Center and shopping areas to serve this purpose.
• The portion of Lawton Acres known as Flower Park is utilized by many citizens of the Central Peninsula. We
frequently walk thru this park and meet people who are visitors there from surrounding communities. The park
serves as an attraction for these individuals with their families to come and shop in Kenai, thus raising sales tax
for the City.
• Lawton Acres , preserved and dedicated by the City for Parks and Recreation, could further the quality of life for
all Kenai's citizens by uniquely developing winding trails throughout parts of it for hiking, biking, skiing,
skateboarding, and families pushing strollers ...... trails thru the trees.
• We appreciate th e time and consideration Kenai Council persons put in on resolving this issue, which keeps
returning every few years, and it would be nice to see it resolved which this ordinance would do for the benefit
of Kena i's citi ze ns.
Peter and Karolee Han se n
418 Roger s Road
Kenai, Alaska 99611
Home phone: 907 -283 -46 15
1
Page 23 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-31
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE
CHANGES TO LIBRARY FEES, AS RECOMMENDED BY THE LIBRARY DIRECTOR.
WHEREAS, the Kenai Community Library has staff costs associated with the rental of
equipment; and,
WHEREAS, the process to check these items in and out requires inspection ; and ,
WHEREAS, the library has had multiple issues with customers who did not return expensive
equipment; and,
WHEREAS, requiring a security deposit for the safe return of library equipment is a reasonable
step to protect expensive City assets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ,
ALASKA:
Section 1. The Library Fees section of the City's Comprehensive Schedule of Rates,
Charges and Fees be amended as follows :
LIBRARY FEES
APX -Library Regulations and Policies
1 .
2 .
a.
b .
c.
a .
b .
c.
d.
e .
f .
Late Fees
-books per day
-videos, DVDs, non-book material per day
-cassette players, screens, projectors per day
Service Charges (The cost for replacement of
books and other materials that are lost or
damaged beyond repair shall be the actual cost of
replacement or the following schedule will be used
when actual replacement cost is unavailable.)
-hardcover books
-juven ile reference
-music cd's
-periodicals
-CD-ROMS
-Alaska government documents
New Text Underlined; [DELETED TEXT BRACKETED]
$0.10
$1.00
$3 .00
$25.00
$35.00
$25.00
$5.00
$40.00
$45.00
Page 24 of 145
Resolution No. 20 1 7-31
Page 2of2
g. -aud io books
h . -videos and DVDs
i. -ILL books (fee or actual cost charged by lender
j . -adult reference
k . -juvenile kits
I. -microfilm reels or microfiche
m . -paperback books
n . -fishing rods and ree ls
0. -MP3 p layers and FM transmitters
3 . Rebinding Fees
a . -actual cost of rebinding + 5 .00 handling fee
4 . Proctoring Tests
5. Replacement Costs
a . -barcode
b . -lost library card
-lost hang up bags, audio/visua l or cassette
c . containers
6 . Damages
a . -defaced or torn pages per page
7 . Photocopying and Printing
a . Photocopying (per page)
b . Printing from public computers (per page)
8. Equipment check out (per day)
~ -secu rit~ deQosit (credi t ca rd on l ~)
Section 2 . Th at thi s resolution ta kes effect July 1, 20 17.
$20.00
$25.00
$25.00
$45.00
$20.00
$35.00
$15.00
$59.00
$100.0
0
$20 .00
$1.00
$1.00
$3.00
$2.00
$0.25
$0.25
[$2 .00] $3.00
~50 .00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2 151 day of June , 2017 .
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
New T ext Underlined; [D ELETED TEXT BRACKETED]
Page 25 of 145
'(/;ff~ «1/tli a Paif~ Ct'tff «1/t/i a h.tfJft,"
210 Fidalgo Ave , Kena i, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Br ian Gabriel and Kenai City Council
Paul Ostrander, City Manager y O .
Mary Jo Joiner
13 June 2017
Library Fee Schedule
Please see the attached resolution to adjust the fee schedule for equipment rental at the library.
Due to issues with return of city equipment we are proposing a daily rental fee of $3.00 which is
modest. We are also suggesting a deposit of $50 on this equipment. Our projectors have a va lue
of $1, 100 and we love sharing them with the community, but we are having issues with people
checking them out and not returning them in a timely manner. In one case , a customer kept it for
three months and only returned it under duress. We believe the refundable deposit wi ll keep th is
from happening .
Page 26 of 145
Sponsored by: Administration
the &ityo(,
KENAI, ALASKA
"V
CITY OF KENAI
RESOLUTION NO. 2017-32
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE
CHANGES TO THE WATER SERVICE FEE SCHEDULE.
WHEREAS, Public Utility Regulations and Rates Appendices to the Kenai Municipal Code state
that for domestic and commercial customers, separate deposits are required for water service
and for sewer service and the amount of deposit required shall be as set forth in the City's
schedule of fees adopted by the City Council; and,
WHEREAS, these deposits may be refunded upon request after two years of timely payment
history; and,
WHEREAS, the amount of deposits has not been provided in the fee schedule to date, but $100
deposits have been required for many years; and,
WHEREAS, Public Utility Regulations and Rates Appendices to the Kenai Municipal Code
provides that all water turn-ons and turn-offs and the operations of the water valve located on the
service line in the key box shall be made by City personnel only for a fee and a penalty will apply
if a water turn-on or turn-off is done by non-City personnel as provided in the City's Schedule of
fees; and,
WHEREAS, the fees for water shut-off and turn-on reflected in this Resolution are supported by
past practice and the penalty for unauthorized shut-off and turn-on is recommended by the Public
Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Water Fees section of the City's Comprehensive Schedule of Rates, Charges
and Fees be amended as follows:
APX -Public Utility Regulations and Rates
1. Schedule A -
Water & Sewer service deposit -refundable after two
years of timely payments
General Domestic Service Rates (non-metered)
-one or two family residence, per family unit
-single or double unit apartment, per family unit
-apartment, 3 or more units on a single parcel, per family
unit
-single bill assumed by owner
New Text Underlined ; [DELETED TEXT BRACKETED]
$100.00
$35.66
$35 .66
$26.86
Page 27 of 145
Resolution No. 2017-32
Page 2 of 4
-separate bill
-trailers, one or two on single lot, each
-trailer, 3 or more on single lot
-single billing
-separate billing
-boarding houses , per available room
2. Schedule B •
Commercial service (non-metered)
-demand
-1.00 inch service
-1.25 inch service
-1 .50 inch service
-2.00 inch service
-3.00 inch service
-larger than 3.00 inch service
-use charge
-bakery
-bath house, tub or shower, each
-bottling works , per bottling machine
-bowling alleys, amusement parks, doctor
-car lot, with car wash facilities
-car wash, automatic, per facility
-car wash, self-service , per stall
-churches, lodges , clubs, banquet rooms, per seat
-cleaners and commercial laundries, per facility
-dairies , installation of water meter required
-day care center/preschool , per child, maximum capacity
-doctor and dentist offices , per room or chair
-garage, service stations
-recreational vehicle dump facility (May -September)
-hangar, airplane repair
-with washing facilities
-hospital , per bed
-hotel , motel, resort, per room
-laundry, self-service, per machine
-markets, meat
-office building single bill assumed by owner, per business
-office building , tenants are billed , per business
-restaurants , cafes, taverns, bars, per seat
-public office building, per restroom
-recreation facility, per restroom, sauna , shower
New Text Underlined; [D ELETED TEXT BRACKETED]
$35.66
$35.66
$26.86
$35.66
$9.49
$36.16
$55.09
$91 .23
$137 .70
$206.58
$309.84
$104 .99
$24.13
$829.67
$99.82
$49.93
$447.52
$67.12
$0 .38
$287.46
$1.43
$21.51
$43 .04
$49.93
$43.04
$49.91
$28.42
$22.37
$40.49
$55 .09
$48.17
$55 .09
$3.10
$12.40
$24.13
Page 28 of 145
Resolution No. 2017-32
Page 3 of 4
-rv/camper park, per space
-schools, per seating capacity
-shopping center
-shops, beauty, per station or chair
-shops, misc. (i ncludes barber), per shop
-sleeping room , per room
-studio, photo or photo lab
-supermarket
-theater, indoor, per seat
-theater, outdoor, per seat
-taverns, lounges, bars (without kitchens), per seat
-x-ray or lab office
3. Schedule C -
Industrial Service (non-metered)
-concrete mixing plant
-concrete products
-confectioner
-greenhouse , commercial
-ice cream plant
-cold storage plant or locker
-h ydrant use (per day)
4. Schedule D -
Fire Protection
5. Schedule E -
Metered Service
-general usage , per thousand gallons
-hydrant use, per thousand gallons
-minimum monthly charge, general usage
6. Schedule F -
Water Connection Permit fee
Hyd rant Permit deposit
Unauthorized shut-off or turn-on of water service
Service shut-off or turn-on -during normal business hours
Service shut-off or turn-on -outside normal business
hours and holidays
New constru ction service turn-on and shut off for system
testing
New construction service turn-on for occupancy
New T ext Underlined; [DELETED TEXT BRACKETED]
$24.13
$1.43
$24.99
$24.99
$24.99
$9.49
$117.92
$283.17
$0.16
$0.16
$2.95
$70 .59
$454.40
$227.23
$151.45
$151.45
$227.23
$106.73
$92.40
None
$3.44
$5.18
$51.66
$214 .20
$200.00
$250.00
$50 .00
$150 .00
$0.00
$0.00
Page 29 of 145
Resolution No. 2017-32
Page 4 of 4
Service valve & key box installation by City
Key box location
Actual
Cost
Actual
Cost
Note: All Water Fees are subject to a 2% discount for payment by means other than
credit card .
Section 2. That this resolution takes effect July 1, 2017.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
New Text Underlined; [DELETED TEXT BRACKETED]
Page 30 of 145
'llttl'Oje aJ/t~ (1 Pa.f~ Ct'tf aJ/t~ (i rat~ II
210 Fidalgo Ave , Kenai , Alaska 99611 -77 94
Telephone : (907) 283-7535 I Fax : (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ?, o _
Sean Wedemeyer, Public Works Director/Capital Projects Manager .,5"'}-1~
June 12, 2017
Resolution modifying water fees
The purpose of this memo is to recommend adoption of a resolut ion modifying the City of Kena i's
fee schedule.
The City has been collecting deposits and charging custome rs for service shut-off and turn-on.
This resolution will officially set those rates.
In addition this will set the penalty for unauthorized turn on or shut off of water services .
Thank you for your consideration.
Page 31 of 145
the&ity1,
KENAI, ALASKA
"V"
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-33
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES , CHARGES , AND FEES TO INCORPORATE
CHANGES TO THE PLANNING & ZONING FEES, AS RECOMMENDED BY THE CITY
PLANNER.
WHEREAS, pursuant to Kenai Municipal Code Section 14.05.020 -Fees, in order to defray the
expenses connected with the consideration of applications for permits , the person presenting the
application shall pay to the City a fee in an amount as set forth in the City's schedule of fees
adopted by the City Council; and ,
WHEREAS, Ordinance No. 2565-2011 clarified what rates, changes, and fees are charged for
applications for amendments to the Kenai Zoning Code or Official Zoning Map and consideration
of applications for Variances, Conditional Use Permits and Encroachment Permits; and,
WHEREAS, Kenai Municipal Code Section 7 .15.100 authorizes the Kenai City Council to adopt
and amend a fee schedule specify the rates , charges, and fees imposed by the City; and ,
WHEREAS, fees for Planning and Zoning Applications were established in 1984; and ,
WHEREAS, in 2011 fees for the review of Variance Permits were adjusted from $100 to $125 to
cover additional costs for reviewing Variance Permits and to remove the collection of duplicate
application fees ; and ,
WHEREAS , costs for public hearing advertising continue to rise ; and ,
WHEREAS , the fees are used to cover costs incurred to process Planning and Zon ing
Applications including publishing the publi c hearing notice twice in the newspaper and sending
notices to property owners within 300 feet of the affected property; and,
WHEREAS , the average costs for publishing the public hearing notices in Fiscal Year 2016 w ere
$102.00; and,
WHEREAS, it is reasonable that an applicant should bear the costs of the expenditures required
of the City to process a Planning and Zoning Application.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Planning & Zoning Fees section of the City's Comprehensive Schedule of
Rates , Charges and Fees be amended as follows :
New Text Underli ned ; [DELETED TEXT BRA CKETED]
Page 32 of 145
Resolution No. 2017-33
Page 2 of 2
PLANNING & ZONING
KENAI ZONING CODE
14 .20 .150(b)(6)
14 .20 .151
14.20.180(b)(1 )(C)
[14 .20.180(d)]
14.20.185(c)
14.20.240
14.20.270(b)(4)
14 .20 .290(b )(6)
Conditional Use Permit Fee
Surface Extraction Conditional U se Permit
Application Fee
Variance Permit Non-refundable
DeposiUAdvertising Fee
[VARIANCE PERMIT APPLICATION PUBLIC
HEARING NOTICE FEE]
Encroachment Application Fee
Mobile Home Building Permit
Zoning Amendment Request Non-refundable
DeposiUAdvertising Fee
Board of Adjustment Appeal filing and record s
preparation Fee
PLANNING & ZONING FEES
Section 2.
Sign Permits
-home occupation
-electric a l signs
-all others
Maps
-11 x 17
-17 x 22 or 22 x 34
-34 x 44 or 28 x 40
Copies
-per pa ge
That this resolution takes effect July 1, 2017.
[$125 .00]
[$125 .00]
[$125 .00]
[$-]
[$125.00]
[$125.00]
$5 .00
$25.00
$15.00
FREE
$15.00
$2 5 .00
$0 .2 5
$250.00
$425 .00
$250 .00
$250 .00
$100.00
$250.00
$100 .00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz , Acting City Clerk
New Text Underli ned ; [DELETED TEXT BRACKETED]
Page 33 of 145
'lltff~ «J/t~ a PaJ'~ e~ «J/t~ a ht~ II
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ? c?
Matt Kelley , City Planner /'I~
June 14, 2017
Resolution No 2017-33
Updating Schedule of Rates, Charges and Fees -Planning and
Zoning
The purpose of this communication is to provide information to the City Council regarding
justification for the proposed increase in Planning and Zoning fees.
Pursuant to Kenai Municipal Code Section 14.05.020 , fees are charged to defray the expenses
connected with the consideration of applications for permits. The person presenting the
application pays a fee to the City in an amount as set forth in the City's Schedule of Fees , as
adopted by the City Council. Presently the Planning and Zoning Department processes
applications, which require public hearings, which include ; Rezones, Variances , Encroachment
Permits , Conditional Use Permits and Conditional Use Permits for Natural Resource Ext raction.
Fees that are collected for these permits are used to cover the costs of publishing public hearing
notices in the newspaper twice, advertising the public hearing as part of the agenda , sending out
public hearing notices to property owners within 300 feet of the affected property and posting of
the public hearing notice sign. During the past 2016 Fiscal Year, the average newspaper
publishing cost for a public hearing notice for project was $102.00. For each project, the
applicant su bmitted a fee of $125.00 for the costs associated with the advertising the public
hearing. Thus, th e average advertising costs are $204 .00 per land use application . Given that
Kenai Municipal Code require s that the public hearing notice be published twice , the City is
having to supplement the advertising costs of each application an average of $79.00. Thus , the
City is not fully covering its costs associated with advertising the public hearing notice . Staff
therefore recommends increasing the fees for Conditional Use Permits , Variances ,
Encroachment Permits and Zoning Amendments to $250.00 to cover public hearing advertising
costs.
Concerning Conditional Use Permits for Surface Extraction of Natural Resources , Kenai
Municipal Code requires that these permits have two publi c hearings. Therefore , costs
associated with publishing the public hearing for these permits averages, $408.00 .
Page 34 of 145
Page 2 of 2
Resolution No . 2017-33 Memorandum
Given the review requirements, the City is supplementing the advertising costs associated with
these permits an average of $283 .00. Staff therefore recommends increasing the fees for
Conditional Use Permits for Surface Extraction of Natural Resources to $425.00 to cover public
hearing advertising costs.
It is reasonable to require that the applicant should bear the costs of the expenditures required
of the City to process a land use permit. By increase Planning and Zoning fees as proposed ,
the General Fund and the Citizens of Kenai would no longer be supplementing the costs
associated with advertising public hearings for individual permits.
Thank you for your consideration .
Page 35 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-34
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES , CHARGES , AND FEES TO INCORPORATE
CHANGES TO THE CITY'S DOCK FEES.
WHEREAS, the Public Works Director has received several requests from the public for
clarification of the City Dock fees; and ,
WHEREAS, amendments to the fee schedule proposed in this Resolution will clarify the City Dock
section of the fee schedule .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The City Dock Fees section of the City's Comprehensive Schedule of Rates,
Charges and Fees be amended as follows :
CITY DOCK FEES
Boat Launch Ramp -(Includes Parking with Trailer)
Excluding days of the personal use dip net fishery
Non-Commercial Users
Commercial Users
-[(INCLUDES PARKING WITH TRAILER)-]First 10
minutes on ramps or floats
-Each minute over 10
-Seasonal Boat Launch Pass per Commercial Vessel
Personal Use Fishery Days -All Users
-[(INCLUDES PARKING WITH TRAILER) -]First 10
minutes on ramps or floats
-Each minute over 10 on ramps or floats
Parking Only
Excluding days of the personal use dip net fishery
Non-Commercial Users
Commercial Users
-Per day (Vehicle with trailer must pay launch fee)
-Personal Use Fishery Days -All Users
-Per day (Vehicle with trailer must pay launch fee)
Vehicle Drop Offs
Personal Use Fishery Days -All Users (vehicle per day)
New Text Und erlined; [DELETED TEXT BRACKETED]
NO FEES
$25 .00
$1/minute
$150.00
$35 .00
$1/minute
NO FEES
$15.00
$20.00
$10 .00
Page 36 of 145
Resolution No. 2017-34
Page 2 of 2
-Forklift and/or crane with operator, mobilization & travel
Section 2 . Th at this resolut io n takes effect Ju ly 1, 2017.
$100.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21 51 day of June , 2017 .
BRIAN GABRIEL SR., MAYOR
ATTEST :
Jamie Heinz, Acting City Clerk
New Text Underl i ned ; [DELETED TEXT BRACKETED]
Page 37 of 145
'Vtflate «1/t/i a PaO'~ Ct't? «11'tli a h.t~ 11
210 Fidalgo Ave , Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ? c::> ~
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5°;<1 W'
June 13 , 2017
Resolution modifying the dock fee schedule
The purpose of this memo is to recommend adoption of a resolution modifying the City of Kenai 's
fee schedule to clarify the intent. It does not change the fees or the fee structure .
These modifications are proposed to clarify that the boat launch ramp fees includes parking with
trailer both for commercial users year round and for all users during the personal use fishery. It
also clarifies that the season boat launch pass is for commercial vessels . Finally, it clarifies that
the ten minute limit applies to the ramp and floats and not parking.
Thank you for your consideration.
Page 38 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-35
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE
CHANGES TO THE CITY'S ANIMAL CONTROL FEES , AS RECOMMENDED BY THE CHIEF
ANIMAL CONTROL OFFICER.
WHEREAS, the Animal Control field has recently seen a pos itive shift in regards to education
which has led to an increase in consistency amongst agencies . The City's Animal Control Office
must make changes to stay consistent with other Alaskan municipalities through execution of
services , verbiage and cost; and,
WHEREAS , the City's current fee schedule has a $102.00 charge for a kennel license fee which
is collected upon approval for a kennel license. Industry standards suggest collecting a non-
refundable portion ($26.00) of that fee to cover work performed by an officer in the processing of
the license such as sending out mailers, fielding comments relating to the license and site
inspections. The remaining portion ($76.00) will be collected upon approval of a kennel license
to cover the cost of City Licenses for each individual animal residing at the residence, future site
inspections and other required paperwork; and ,
WHEREAS, a change in the v erbiage of Boarding Fee to a more appropriate term common in
the industry "Facility Use Fee" will allow the City's Animal Cont rol Office to more accurately
describe the services being rendered and charge accordingly; and ,
WHEREAS , the current fee schedule lays out specific amounts charged for veterinary fees for
veterinary services such as spaying, neutering and rabies vaccinations. A more accurate
approach would be eliminating those specific costs from the fee schedu le and including the
phrase "Actual Cost". Depending on a number of circumstances , the current fees are not
always accurate and by incorporating this change, we can more accurately forecast the
veterinary services fee to our customers. The Animal Control Office fie lds a numbe r of questions
regarding the City 's ability to spay/neuter animals owned by members of the public as a result of
the wording of the current fee schedule. Altering the fee portion to "Actua l Cost" wi ll result in
less confusion of the services the shelter offers ; and,
WHEREAS , the current fee schedule does not ha v e an assigned wai v e r fee for birds/rodents ,
litters of puppies (3 or more) and litter of kittens (3 or more ), Add ing these categor ies would
provide more clarity and consistency for both the Animal Contro l Staff a nd customers ; and ,
WHEREAS, it is appropriate to increase the adoption fee and indi v idual animal wai ver fees so
that they are consistent with other animal control agencies and contribute to the cost of the care
of the animal while at the shelter.
New Text Underlined ; [DELETED T EXT BRACKETED]
\
Page 39 of 145
Resolution No. 2017-35
Page 2 of 3
NOW, TH EREFORE, BE IT RESOLVE D BY THE COUNCIL OF THE C ITY OF KENAI,
ALASKA:
Section 1. The Animal Control Fees section of the C it y's Comprehensive Schedule of
Rates, Charges and Fees be amended as follows :
ANIMAL CONTROL
Kennel Facility -Non-refundable
3.05.100 (a) application fee [$102.00] ~26.00
-approved application fee $76.00
3 .05.100 (a)(5) Insertion of Microchip $5.10
3.05 .100 (b) Dog License -Sterilized Dog $10.20
Dog License -Non-sterilized Dog $30.60
Lost License Replacement $2 .04
3.05.100 (c) (1) First lmpoundment within 12 months-Dog $51.00
First lmpoundment within 12 months-Ca t $15.30
Second lmpoundment within 12 months-
3.05 .100 (c) (2) Dog $71.40
Second lmpoundment within 12 months-
Cat $30.60
Subsequent lmpoundment within 12
3 .05.1 00 (c) (3) months-Dog $102.00
Subsequent lmpoundment within 12
months-Cat $40.80
[BOARDING FEE ANIMAL]Facil ity Use Fee
3.05.100 (c) (4 ) 151bs or less -Per Day $20.40
[BOARDING FEE AN IMAL]Facility Use Fee
more than 151bs -Per Day $35.70
3 .05 .100 (c) (5) Dangerous Animal lmpoundment $102.00
V eterinary Services -[CANINE SPAYING
OR NEUTERING *] Includes spaying,
neutering, vaccinations, and other
3.25.060 (c) veterinary services. [$1 12.20] Actual Cost
[VETERINARY SERVICES -CANINE
SPAYING -LARGE BREED CANIN E 60
LBS. BUT LESS THAN 100 LBS .** $153.00
CANINE OVER 100LBS.*** $204.00
VETERINARY SERVICES -CAT SPAYIN G
**** $102.00
VETERINARY SERVICES-CAT
NEUTERING***** $76 .50
New Text Underlined; [DELETED TEXT BRACKETE D]
Page 40 of 145
Resolution No. 2017-35
Page 3 of 3
N/A
N/A
[*
**
***
****
*****
******
VETERINARY SERVICES -RABIES
VACCINATION******
Animal Waiver Fee -Dog
Animal Waiver Fee -Puppy[/Cat] < 3
months
Animal Waiver Fee -Cat
Animal Waiver Fee -Kitten < 3 months
Animal Wa iver Fee -Bird/Rodent
Animal Waiver Fee -Litter (3 or more) -
Kittens
Animal Waiver Fee -Litter (3 or more) -
Puppies
Adoption Fee
[$15 .30]
[$10 .20]
[$5 .1 O]
[$15 .30]
$110 .00 PAY ABLE TO PERFORMING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.
$150.00 PAYABLE TO PERFORMING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.
$200.00 PAYABLE TO PERFORMING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.
$100 .00 PAYABLE TO PERFORMING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.
$75.00 PAYABLE TO PERFORMING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.
$25.00 PAYABLE TO PERFORM ING VETERINARIAN
UPON SUBMISSION OF CERTIFICATE OF SERVICE.]
$25 .50]
$20.40
$15.30
$15.30
$10 .20
$10 .20
$25.50
$35 .70
$20.40
Note: All An i mal C ontr o l Fees are subject to a 2% discount for payment by means other
than credit card.
Section 2 . Tha t this resolution takes effect July 1, 2017 .
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21 51 day of June, 2017 .
BRIAN GABRIEL SR., MAY OR
ATTEST:
Jamie Heinz, Acting City Clerk
New Text Underlined ; [D ELE TED TEXT BRACKET ED]
Page 41 of 145
'Ufl'r 111/t/t, Q Put, ~~ 111it/t, a ra~ II
210 FidalgoAve, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager 7 C> · ~
Jessica KjJ" Hendrickson, Chief Animal Control Officer~
06/13/17
Animal Control Fee Changes
The purpose of this memo Is to support changes to the current fee schedule in regards to animal
control fees.
1. The current fee schedule has a $102 .00 charge for a kennel license fee, which Is collected
only if the kennel license is approved. It is appropriate in the industry to at least have a
portion of the fee non-refundable, for work that is performed In the processing of the
license. So, I recommend amending the fee to be $26.00 non-refundable and $76.00 to be
collected if the license is approved. The non-refundable fee of $26. 00 for the kennel facility
is designed to offset the cost of the officer's time for processing the application, sending
out mailers, fielding comments relating to the license and site inspection. Upon approval,
the additional $76.00 covers the cost of the City Licenses for each individual animal
residing at the residence , future site inspections and other required paperwork .
2. The currant fee schedule uses the term Boarding Fee and a more appropriate term that is
common in the industry is "Facility Use Feea . I would recommend the wording change to
the fee schedule . This change will allow the City's Animal Control Office to more
accurately describe the services being rendered and charge customers accordingly.
3. Currently the fee schedule lays out very specific amounts charged for veterinary fees for
spaying/neutering of animals. Those fees do not always align with the actual cost of the
services, depending on a number of circumstances. I recommend eliminating those
specific costs from the fee schedule and including •Actual Cost• In order to more
accurately forecast the veterinary fee to our customers. The Animal Control Office fields t1
number of questions regarding the City's ability to spay/neuter animals owned by
members of the public as a result of the wording of the current fee schedule. Altering the
fee portion to "Actual Cost• will result in less confusion of the services the shelter offers.
4. The current fee schedule does not have an assigned waiver fee for bird/rodent, litter of
puppies (3 or more) and litter of kittens (3 or more). I suggest adding an animal waiver fee
for these categories to provide clarity and consistency for both the Animal Control Staff
and customers. I recommend increasing the adoption fee and individual animal waiver
Page 42 of 145
Page 2of2
Subject
fees so they are consistent with other animal control agencies and contribut e to the cost of
the animal care while at the sheltGr.
Page 43 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-36
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE
CHANGES TO THE CITY'S BUILDING PERMIT FEES.
WHEREAS, commercial building permit fees are currently calculated using the International Code
Council 's cost per square foot of construction; and,
WHEREAS, using the International Code Council 's cost per square foot of construction to
calculate permit fees allow the permit fees for residential building permits to increase with inflation
without modifying the fee schedule every year the same as commercial building permit fees; and,
WHEREAS, the current fee schedule for residential permits has been in place since 2003 without
any modifications that would reflect the substantial rise of inflation during that time; and,
WHEREAS, a recent investigation revealed that residential building permit fees in Soldotna,
Ketchikan, Seward , and Kodiak are substantially higher than the City of Kenai's fees; and,
WHEREAS, the Public Works Director proposes a fee of 75% of the cost of a commercial building
permit for a residential permit as an intermediate step to charging 100% in the future; and ,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Building Permit Fees section of the City's Comprehensive Schedule of Rates,
Charges and Fees be amended as follows:
BUILDING PERMIT FEES
Valuation determined by square footage mu ltiplied by the International Code Council's cost per square
foot of construction.
Commercial Structures
4.05 .030 Valuation $1 .00 -$500.00
Valuation $501 .00 -$2,000 .00 -Base
Valuation $501 .00 -$2,000 .00 -Each additional $100 .00 , or
fraction thereof, over $500.00 including $2 ,000.00
Valuation $2 ,001 .00 -$25 ,000.00 -Base
Valuation $2 ,001.00 -$25 ,000.00 -Each additional $1,000.00 , or
fraction thereof, over $2,000.00 including $25 ,000 .00
Valuation $25 ,001 .00 -$50,000 .00 -Base
New Text Underlined ; [DELETED TEXT BRACKETED]
$23 .50
$23 .50
$3 .05
$69.25
$14.00
$391.25
\
Page 44 of 145
Resolution No. 2017-36
Page 2 of 3
[4 .32 .030
Valuation $25,001 .00 -$50 ,000 .00 -Each additional $1 ,000 .00, or
fraction thereof, over $25 ,000 .00 including $50,000.00
Valuation $50,001 .00 -$100 ,000 .00 -Base
Valuation $50 ,001.00 -$100 ,000 .00 -Each additional $1 ,000 .00 ,
or fraction thereof, over $50,000.00 including $100 ,000 .00
Valuation $100 ,001.00 -$500 ,000 .00 -Ba se
Valuation $100,001 .00 -$500 ,000.00 -Each additional $1 ,000 .00 ,
or fraction thereof, over $100 ,000.00 including $500 ,000.00
Valuation $500 ,001 .00 -$1,000 ,000 .00 -Base
Valuation $500 ,001 .00 -$1 ,000 ,000 .00 -Each additional
$1,000.00 , or fractio n thereof, over $500 ,000 .00 including
$1,000,000.00
Valuat ion $1,000,001.00 and up -Base
Valuation $1,000,001 .00 -and up -Each additional $1 ,000 .00 , or
fraction thereof, over [$500 ,000 .00] $1.000.000
Inspectio n outside of normal business hours -per hour (two hour
minimum charge)
Inspection for which no fee is specifically indicated -per hour (two
hour minimum charge)
Additional plan review required by changes , additions or revisions
to plans -per hour (one hour minimum charge)
Outside consultants for plan checking and inspections , or both
GROUP R-3 (PER SQUARE FOOT)
GROUP U-1 (PER SQUARE FOOT)
GROUP R-3 AND U-1 PLAN REVIEW FEES SHALL BE 50 % OF
THE BUILDING PERMIT FEE FOR EACH . CALCULATION]
Residential Structures
4 .05 .030 Va luation $1.00 -$500 .00
Valuation $501.00 -$2,000 .00 -Base
Valuation $501.00 -$2,000 .00 -Ea ch additional $100 .00 , or
fraction thereof, over $500 .00 including $2.000.00
Valuation $2.001.00 -$25,000 .00 -Base
Valuation $2.001.00 -$2 5.000 .00 -Ea ch additional $1 .000.00 . or
fraction thereof. over $2,000 .00 including $25 ,000 .00
Valuation $25.001 .00 -$50 ,000 .00 -Base
Valuation $25.001 .00 -$50 .000.00 -Each additional $1 ,000 .00 . or
fraction t hereof, over $25.000.00 including $50 .000 .00
New T ext Underli ned; [DELETED TEXT BRACKETED]
$10 .10
$643.75
$7 .00
$993.75
$5.60
$3,233.75
$4 .75
$5,608.75
$3.65
$47 .00
$47 .00
$47.00
Actual Cost
$0 .28
$0 .14
$1 7.63
$17.63
$51 .94
$10.50
$2 93.44
Page 45 of 145
Resolution No . 2017-36
Page 3 of 3
Section 2.
Valuation $50.001.00 -$100.000.00 -Base
Valuation $50,001 .00 -$100 ,000.00 -Each additional $1 ,000 .00,
or fraction thereof. over $50,000.00 including $100,000.00
Valuation $100.001.00 -$500.000.00 -Base
Valuation $100,001.00 -$500 ,000.00 -Each additional $1 ,000 .00 ,
or fraction thereof, over $100,000.00 including $500 ,000.00
Valuation $500.001.00 -$1 .000 .000 .00 -Base
Valuation $500.001.00 -$1.000 .000.00 -Each additional
$1.000.00. or fraction thereof. over $500.000.00 including
$1 .000 ,000.00
Valuation $1 .000,001.00 and up -Base
Valuation $1 ,000,001 .00 -and up -Each additional $1.000 .00, or
fraction thereof, over $1 ,000,000
Inspection outside of normal business hours -per hour (two hour
minimum charge)
Inspection for which no fee is specifically indicated -per hour (two
hour minimum charge)
Additional plan review required by changes . additions or revisions
to plans -per hour (one hour minimum charge)
Outside consultants for plan checking and inspections . or both
That this resolution takes effect July 1, 2017.
$482.81
$745.31
$2.425.31
$4.206 .56
$47.00
$47.00
Actual Cost
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
New Text Underl ined; [DELETED TEXT BRACKETED]
Page 46 of 145
f((ltflate a1/t/r, a Pa~~ Ct'tt a1/t/r, a fatU?e 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www. kenai. city
MEMORANDUM
TO:
THROUGH:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager7 c:;::>.
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5°)-1 ti/
June 12, 2017
Resolution modifying building permit fees
The purpose of this memo is to recommend adoption of a resolution modifying the City of Kena i's
fee schedule.
As I reported in my memo on May 30 accompanying ordinance 2965-2017 , the cost of a
residential building permit in Kenai is significantly lower than charged by comparable
municipalities. Please see that memo for the actual amounts.
The current fee schedule for residential permits has been in place since 2003 without any
modifications that would reflect the substantial rise of inflation during that time . Further, the
residential permitting fee we are currently using is not an industry standard. All municipalities we
surveyed are using the Valuation Method process for their residential buildings, which is what
Kenai uses for commercial construction permits.
The Valuation Method calculates fees based on the cost of construction published by the
International Code Council to calculate the permit fee. This results in increased permit fees due
to inflation without requiring future changes to the code or fee schedule .
I recommend charging 75% of the cost of a commercial building permit as an intermediate step
to charging 100%, possibly as soon as next fiscal year.
This resolution is contingent upon adoption of ordinance 2965-2017.
Thank you for your consideration.
Page 47 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-37
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO ELIMINATE FEES
FOR PRIVATE DETECTIVE AGENCIES, AS RECOMMENDED BY THE POLICE CHIEF.
WHEREAS, the Council of the City of Kenai passed ordinance 2964-2017 repealing Chapter
5 .15 from the City Code on June 7, 2017; and,
WHEREAS, it was Chapter 5.15 in the City Code that regulated Private Detectives and
established what fees were required for the regulation of Private Detectives; and,
WHEREAS , the repeal of Chapter 5.15 from the City Code is effective on July 7 , 2017; and,
WHEREAS, private detective agency fees are incorporated into the City 's Comprehensive
Schedule of Rates, Charges and Fees and should be removed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA :
Section 1. The Private Detective Agencies Fees section of the City's Comprehensive
Schedule of Rates , Charges and Fees be amended as follows:
[PRIVATE DETECTIVE AGENCIES
5 .15 .020 DETECTIVE AGENCY LICENSE -PER YEAR
5 .15.040 PRIVATE DETECTIVE LICENSE -PER YEAR
Section 2. That this resolution takes effect July 7, 2017 .
$50 .00
$5.00]
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 21 51 day of June, 2017 .
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
New Text Und erlined; [DELETED TE XT BRA CKETED]
Page 48 of 145
'Utt~ 1111t'1 a Pa~~ eii 1111tJ, a rataH "
21 o Fidalgo Ave , Kenai, Alaska 99611-n94
Telephone: (907) 283-75351 Fax: (907) 283-3014
www. kenai. city
MEMORANDUM
TO:
THROUGH:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ~-C? •
David Ross, Police Chief~.~
6/13/2017
Amending Fee Schedule to Remove Private Detective Fees
The purpose of this memo is to support the removal of the Private Detective Agency section from
the City's Comprehensive Schedule of Rates, Charges and Fees. On June rt' the City Council
passed ordinance 2964-2017, repealing Section 5.15 from the City Code. Section 5.15 of the
City Code regulated Private Detectives and established fees for their regulation.
Ordinance 2964-2017 goes into effect on July 7 , 2017 and therefore the fees associated with the
repealed section of Code should be removed from the fee schedule.
Page 49 of 145
Sponsored by: Administration
llruitp{,
KENAI, ALASKA
~
CITY OF KENAI
RESOLUTION NO. 2017-38
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES , CHARGES, AND FEES TO INCORPORATE
CHANGES TO THE FEES OF THE KENAI MUNICIPAL AIRPORT, AS RECOMMENDED BY
THE AIRPORT MANAGER
WHEREAS, a review of aircraft tie down fees recommends the "d iscounted" annual tie down fee
be deleted; and,
WHEREAS , this ensures the aircraft tie down fee is fair and reasonable to all tie down tenants ;
and is in the best interest of the Kenai Airport; and,
WHEREAS, amending the City's Comprehensive Schedule of Rates , Charges , and Fees to reflect
the aircraft tie down rates is in the best interest of the Kenai Municipal Airport and the Citizens of
Kenai.
NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. The Airport Fees section of the City's Comprehensive Schedule of Rates , Charges
and Fees be amended as follows :
21 .05.085
APX -Airport
Regulations
6 .05 .070 (c)
14.05 .010
(a)(2)
14.05.010
(b)(2)
Fuel Flowage Fee per gallon
Aircraft Parking Fees
-transient, under 4,000 lbs. 0 -4 hrs.
-transient, under 4 ,000 lbs . over 4 hrs
-transient, 4 ,001 -25,000 lbs per day
-transient, 12,501 -100,000 lbs [OVER 4
HRS] per day
-transient, 100,001 lbs and over [AND OVER 4
HRS] per day
Landing Fees
Signatory per thousand pounds
Non-signatory per thousand pounds
exempt --float planes, test landings due to mechanical or
weather, government aircraft
Tie-down Fees, General Aviation
Paved Areas
-wheels, per month
New Text Underlined ; [DELETED TEXT BRACKETED]
$ 0.02
FREE
$ 5.00
$ 50.00
$ 100.00
$ 250.00
$ 1.61
$ 2.12
$ 40.00
Page 50 of 145
Resolution No. 2017-XX
Page 2 of 3
[-WHEELS , PER YEAR
-wheels , w/electric per month
[-WHEELS, W/ELECTRIC PER YEAR
Gravel Area
-wheels/skis , per month
[-WHEELS/SKIS, PER YEAR
Float Plane Basin, Private
-daily
-monthly
-season --May to October
[-FLOATS/WHEELS PER YEAR
[FLOATS/WHEELS/SKIS PER YEAR
[FLOATS/WHEELS W/ELECTRIC PER YEAR
Float Plane Basin, Commercia l
-daily
-monthly
-season --May to October
[-FLOATS/SKIS/WHEELS PER YEAR
-monthly w/electric
[-SEASON W/ELECTRIC PER YEAR
Terminal Building Rent --Exclusive Space
-signatory -per square foot per year
-signatory --arrival hallway, departure hallway,
passenger hold room & baggage claim area
(per square foot per year)
Terminal Building Rent --Joint Use Space
-signatory --baggage make up area (per
square foot per year)
-signatory --baggage break down area (per
square foot per year)
-non-signatory terminal rates 30% higher
Vehicle Pa r king Fees at Terminal
-short term 0 -2 hours
-24 hours
-annual permit
-annual parking permit w/electric
Vehicle Parking Fees [at GA L ot] Greater
Than 11. Mile Fr om Termina l Building
-calendar day
-annual permit
Business Activity & A i rport Access Permit
-mechanic access (per each)
-fueling access (annual)
-dispensing fee (per gallon)
-water e xtraction access (annual)
-non-tenant use of basin parking apron
-float plane parking apron (annual)
-Deposit/replacement pro x imity card fee
(each)
New Te xt Und erli ned; [DELETED TEXT BRACKETED]
$ 360 .00]
$ 60.00
$ 420.00]
$ 40 .00
$ 360.00]
$ 5.00
$ 40.00
$ 250.00
$ 360.00]
$ 360 .00]
$ 420.00]
$ 10.00
$ 50 .00
$ 300.00
$ 450.00]
$ 75.00
$ 550 .00]
$ 32 .24
$ 32 .24
$ 19.53
$ 19.53
FREE
$ 7.00
$ 700.00
$ 1,000.00
$ 3 .00
$ 420.00
$ 50 .00
$ 100 .00
$ 0 .02
$ 100.00
$ 75.00
$ 25.00
$ 100.00
Page 51 of 145
Re solution No . 2017 -XX
Page 3of 3
-Catering/mobile food service
Commercial Turn Fees
-turn fee (narrow body -(1 aisle)
-turn fee (regional 50 -99 seats)
-turn fee (commuter -fewer than 50 seats)
Helicopter Landing Fees
-Per landing
Ot her Fees
-Taxi cab (per vehicle per pickup
-Terminal building key replacement (per key)
-Airport apron rental rate per square foot
Section 2. That this resolution takes effect July 1, 2017.
$ 50.00
$ 200.00
$ 150.00
$ 100.00
$ 25 .00
$1 .00
$ 10.00
$ 0.699
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz , Acting City Clerk
New Text Unde rli ne d; [DELETED TEXT BRACKETED]
Page 52 of 145
1Vtt'!Ofe t<J/t~ a Pai!'~ Ct'tt t<11't~ a Fa.tare 11
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kena i.c ity
MEMORANDUM
TO:
THROUGH :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager 'X.0-
Mary L. Bondurant -Airport Ma
June 7 , 2017
Proposed Changes to FY2018 Airport Fee Schedule
Each year during the budget process , Airport Administration reviews the fee schedule to
ensure that all are fair and reasonable and reflect current industry practices ensuring the
Airport 's capability to recover costs associated with operations .
Airport Administration found of the surveyed airports , tenants were not offered a discounted
annual rate to rent an aircraft tie down . Reasons given ; 1) the Airport does not receive any
discounts, and 2) not all tenants were able to pay the annual rate upfront to receive the
discounted rate.
I recommend the annual "discounted" aircraft tie down rates be deleted from the fee schedule
and the monthly rate of either $40 or $60 (electric) remain . The annual fees of $360 or $420
(electric) were based on full payment at the time of occupancy. These discounted rates gave
the tenant 3 or 5 months free tie down rent. Based on the current number of tenants (9) who
pay the annual discounted rate , the airport will receive $ 1,620 in additional revenues .
This was presented to Airport Commission at the May 11, 2017 and Commission recommends
Council delete the discounted annual tie down rates from the Airport fee schedule.
Please contact me if you have any questions .
Attachment: Resolution 2017-38
Page 53 of 145
tlreeityef.
KENAI~ ~
Sponsored by: City Clerk
CITY OF KENAI
RESOLUTION NO. 2017-39
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STATING ITS
CONDITIONAL PROTEST REGARDING THE ISSUANCE OF A NEW LIMITED MARIJUANA
CULTIVATION FACILITY, MARIJUANA LICENSE NO . 12303, FOR PENINSULA BOTANICALS ,
LLC, DBA PENINSULA BOTANICALS, LOCATED AT 1030 ANGLER DRIVE UNIT B, KENAI AK,
99611 AND AUTHORIZING THE CITY CLERK TO TAKE CERTAIN ACTION.
WHEREAS , Peninsula Botanicals , LLC has made an application with the Alaska Alcohol and
Marijuana Control Office (AMCO), for consideration by the Marijuana Control Board , and has paid
the required fee for the issuance of a new Limited Marijuana Cultivation Facility, Marijuana
License No. 12303, to be used for Peninsula Botanicals, located at 1030 Angler Drive Unit B,
Kenai, Alaska 99611 ; and
WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt
of the application; and,
WHEREAS, the Kenai City Clerk 's Office received a copy of this application on June 1, 2017 and
has determined that the last day for the Council to file a protest is July 31, 2017; and
WHEREAS, the Council Meeting on July 5, 2017 is the last scheduled regular meeting of the City
Council prior to the expiration of the protest period; and
WHEREAS, the City Clerk reports the following status concerning this location:
1. There are no financial obligations owed to the City of Kenai; and
2. Certification from the Legal Department has been received; and
3. Certification from the Police Department has been received; and
4. Certification from the Lands Department has been received; and
5. Certification from the Planning Department has not been received and conditions of
the Conditional Use Permit, required per KMC 14.20 .330 , remain outstanding,
specifically an approved Encroachment Permit; and
WHEREAS, protest by the City Council is in order, pending Council confirmation, that outstanding
items are required to be completed for this location .
NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. That the Kenai City Council hereby enters its CONDITIONAL PROTEST for the
new Limited Marijuana Cultivation Facility, Marijuana License No. 12303, until these conditions
are met:
• Certification from the Planning Department that the condition of an approved
Encroachment Perm it in the Conditional Use Pe rmit, required per KMC 14.20.330 ,
has been met.
Page 54 of 145
Resolution No . 2017-39
Page 2 of 2
Section 2. That a copy of this Resolution may be presented to the AMCO as proof that the
Kenai City Council , as the local governing body, has stated its protest in order to allow the Director
of AMCO to hold processing of the new Limited Marijuana Cultivation Facility Marijuana License
No. 12303 under local protest, until receipt by the Director of confirmation from the City Clerk that
the conditions in Section 1 have been met, and this protest is lifted as authorized by this
Resolution .
Section 3. That the Kenai City Council here by authorizes the City Clerk, upon the City Clerk 's
confirmation that all City Council conditions in Section 1 have been met, to provide written
notification to the AMCO that this protest by the Kenai City Council is lifted , without further action
by the City Council.
Section 4. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
Page 55 of 145
"Vt1/~e with a Past, City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 I FAX: 907-283-3014
MEMORANDUM
TO:
FROM :
DATE :
RE :
David Ross , Police Chief
Terry Eubank, Finance Department
Scott Bloom , Legal Department
Willie Anderson , Lands Management
Matt Kelley , City Planner
~mie Heinz , Acting City Clerk
June 5, 2017
Limited Marijuana Cultivation Facility License Application
t:d.!ld
-Cir 11111.'
1992
The Alcoholic & Marijuana Control Office has sent notification that the following applicant has requested a
new license :
Applicant:
Owners:
D/B/A:
Peninsula Botanicals , LLC
Kathryn Staskon
Peninsula Botanica ls
Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for
licenses issued by the Alcoholic Beverage Control Board or the Marijuana Control Board of the State of
Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City
Council approval of any activity of said license holder or applicant.
Please review re cords maintained by your department (i.e. water and sewer billings , lease/property
payment h is tory, citations, etc.) by the above reference applicant and advise if obligations have been met.
Mark the appropriate box below. If obligation s have not been met, attach information to this
memorandum indicating what obligations are outstanding and how the obligations can be cured.
Please let me know if you have any questions. Thanks .
1. Police Department 'h 1? · initials
59 I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist.
0 The applicant has outstanding obliga tions and an additional page ha s been attached .
2. Finance 7. £· initials
~ I have reviewed all records for my department and the applicant is current on obligations or obligations do not exis t.
0 The a~l~nt has outstanding obligations and an additional page ha s been attached .
3. Legal L!-' initials ·
~ I have reviewed all records for my department and the applicant is curren t on obligations or obligations do not exist.
o -The applicant has outstanding ob ligati ons and an additional page ha s b een attached .
4~ds Management !Ml>-initials
~ I have reviewed all re cord s for my department and the applicant is cu rrent o n obligations or obligations do not exist.
OThe appli ca nt has outstand ing obligations and an additiona l page has b een attached .
5. Planning and Zoning J"YL initials
Qyrave reviewe d all records for my d epartment and th e applicant is current on obligati ons or obligati ons do not exi st.
l.0rhe applicant has outstanding obli gations and an additiona l page has be en attached .
Return ed t o Clerk's office : _____ _
Page 56 of 145
'Vtff ~ (,(//ti a Pa~~ Ct'tf (,(//ti a h.twc-e 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax : (907) 283-3014
www. kenai.city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jamie Heinz, Acting City Clerk
Matt Kelley, City PlannerAL_
June 12, 2017
Limited Marijuana Cultivation Facility License Application
1030 Angler Drive, Lot 2 James H Cowan Estates
The purpose of this communication is to recommend that the Council of the City of Kenai not approve
the issuance of a License for a Marijuana Cultivation Facility, Limited until an Encroachment Permit is
issued .
Pursuant to Kenai Municipal Code 14.20.330 -Standards for Commercial Marijuana Establishments,
the Planning and Zoning Commission approved the issuance of a Conditional Use Permit (PZ17-10)
at their regular meeting of May 24, 2017. The Conditional Use Permit would allow the operation of an
approximately 500-square-foot Marijuana Cultivation Facility, Limited within an existing approximately
567-square-foot detached garage . On October 10, 1997, the City issued Building Permit Number B-
3455 for the subject garage. According to the Building Permit File , the subject garage only had the
foundation inspected by the Building Official on October 17, 1997. Pu rs uant to the Building Permit,
Permit Number B-3455 expired 6 months after it was issued due there not being any subsequent
inspections. Therefore , the subject garage will need to be inspected by the Building Official prior to
operation of the Commercial Marijuana Establishment and a new Building Permit will need to be
issued . Furthermore, when the garage foundation was installed , it was pla ced on the side property
line where it required a setback of 15 feet. Therefore , the subject garage does not meet the setback
requirements established in KMC Table 14.24 .020 for the Rural Residential Zone. According to the
applicants, the y recorded a Pri va te Access Ea sement for Ingress , Egress, and Garage Encroac hment
(Document Number: 2016-002955-0). The easement allows access to the garage via a residential
driveway, which crosses on to the neighbor's property for a distance of 25 feet. However, because
the garage was placed on the subject side property line it does not comply with Kenai Municipal Code
and therefore an Encroachment Permit, pursuant to KMC 14.20.185 will need to be approved prior to
operation of the proposed Commercial Marijuana Establishment. Furthermore , it was discovered by
the applicants that the subject garage was placed approximately 6-inches on to the neighboring parcel.
Therefore , the subject garage will need to be remodeled to remove the portion , which crosses the
property line prior to the operation of the Commercial Marijuana Establishment.
Thank you for your co nsideration .
Page 57 of 145
THE STATE
01ALASKA
GOVERNOR BILJ WALKFR
June 1, 2017
City of Kenai
Attn: Sandra Modigh, City Clerk
VIA Email : smodigh@kenai.city
Cc : jblankenship@kpb.us
micheleturner@kpb.us
License Number: 12303
Department of Commerce, Community,
and Economic D evelopment
ALCOHOL & MARIJU ANA CONTROL OFFICE
550 West 7•• Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
License Type: Limited Marijuana Cultivation Facility
Licensee: Peninsu la Botanicals, LLC
Doing Business As: PENINSULA BOTANICALS
Physical Address: 1030 angler drive
Unit B
kenai , AK 99611
Designated Licensee: kathryn staskon
Phone Number: 907-420-4176
Email Address : kate staskon@gmail.com
~ New Application D Transfer of Ownership Application D Onsite Consumption Endorsement
AMCO has received a completed application for the above listed license (see attached application
documents) within your jurisdiction. This is the notice required under 3 AAC 306.02S(d)(2).
To protest the approval of this application(s) pursuant to 3 AAC 306.060, you must furn ish the director
and the applicant with a clear and concise written statement of reasons for the protest w ithin 60 days of
the date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.010 , 3 AAC 306.080, and 3 AAC 306 .2 50 provide that the board will deny an application for a
new license if the board find s that the license is prohibited under AS 17 .38 as a result of an ordinance or
election conducted unde r AS 17.38 and 3 AAC 306.200, or when a local government protests an
application on the grounds that the proposed li ce nsed premises are located in a place within the local
government where a local zoning ordinance prohibits the marijuana establishment, unless the loca l
government has approved a variance from the local ordinance .
Thi s application will be in front of the Marijuana Control Board at ou r Jul y 12-14, 2017 mee t i ng.
Sincerely,
W.J, ;me~
Erika McConnell, Dire ctor
amco .loca lgovernmenton ly@alaska.gov
Page 58 of 145
Alaska Marijuana Control Board
Alcohol & MariJUana Co nlJol Olke
550 Wt" Avenue, SUite 1600
Anchorage, AK 99501
maijuanaJicensing@alaska.gov
https.//www.commerce.alaska.gavltteblamco
Phone: 907.269.0350
Cover Sheet for Marijuana Establishment Applications
What is this form?
This cover sheet JDY!l be completed and submitted any time a document, payment. or other marijuana establishment application item is
emaHed, mailed, or hand-delivered to AMCO's main office.
ltr:m!i that arc submitted without this. oage will be returned in lhr rmnnerJn whicb the~ .wer~n:!<~iyed,
Section 1 -Establishment Information
Enter information for the business seeking to be ~ceased, as identified on the license application.
licensee: Peninsula Botanicals, LLC I License Number: I 12303
License Type: Limlled Marijuana Cultivation Facility
Doing Business As: PENINSULA BOTANICALS
Physical Address: 1030 Angler Dr. Unit B
City: kenai I State: IAK I Zip Code: I 99611
Designated kathryn staskon
Licensee:
Email Address: katestaskon@gmaU.com
Section 2 -Attached Items
List al documents, payments, and other items that are being submitted along with this page.
Attached Items: MJ.00
OFFICE USE ONLY
Received Date : I I Payment Submitted YIN: I I Transaction tt. I
Page 59 of 145
Alaska Marijuana Control Board
Alcohol and Marijuana Control Office
550 W 7'h Avenue, Suite 1600
Anchoraee, AK 99501
marijuana,li censi ng@a laska.gov
https://www.commerce .a la ska.gov/web/a mco
Phone: 907.269.0350
Form MJ-00: Application Certifications
What Is this form?
This applicatlon certifications form is required for all marijuana establishment license appltcations. Each person signing an
application for a marijuana establishment li cense must declare that he/she has read and is famillar with AS 17 .38 and 3 AAC 306.
This form must be completed and submitted to AMCO's main office by each proposed licensee (as defined In
3 AAC 306.020{b)(2)) before any license application will be considered complete.
Section 1 -Establishment Information
E . f f h b nter m ormat1on or t e I' d d fi d h 1· k b I usiness see ing to e icense , as i enti e on t e 1cense app 1cat1on.
Licensee: Peninsula Botanicals LLC I Ucense Number: I 12303
license Type: Limited Marijuana Cultivation Facility
Doing Business As: Peninsula Botanicals LLC
Premises Address: 1030 Angler Drive Unit B
Oty: Kenai I State: I ak I ZIP:
Section 2 -Individual Information
Enter information for the individua l licensee or affiliate .
Name: Kathryn Staskon
Title: Chief Executive Officer .
Section 3 -Other Licenses
Ownership and financial Interest In other licenses:
Do you currently have or plan to have an ownership interest in, o r a direct or indir ect financial interest in
another marijuana establishment license?
If "Yes", which license numbers (for existing licenses) and license types do you own or plan to own?
[Fonn MJ-00] (revOG/27/2016)
199611
Yes No
00
Paee lof3
Page 60 of 145
Alwhol and Marijuana Control Office
550 W 7'h Avenue, Suite 1600
Anchorage, AK 99501
rnarlluana.flcenslnR@ataska.gov
https:Uwww.commerce.alaska .gov/web/arnco
Phone: 907.269.0350
Alaska Marijuana Control Board
Form MJ-00: Application Certifications
Section 4 -Certifications
Read each llne below, and then sign your Initials In the box to the right of each statement:
I certify that I have not been convicted of a felony in any state or the United States, including a suspended imposition of
sentence, for which less than five years have elapsed from the time of the conviction to the date of this application.
I certify that I am not currently on felony probation or felony parole.
I certify that I have not been found guilty of selling alcohol without a license in violation of AS 04.11.010.
I certify that I have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051
or AS 04.16.052.
I certify that I have not been convicted of a misdemeanor crime Involving a controlled substance, violence against a
person, use of a weapon, or dishonesty within the five years preceding this application.
1 certify that t have not been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana
or operating an establishment where marijuana is consumed within the two years preceding this application.
I certify that my proposed premises is not within 500 feet of a school ground, recreation or youth center, a building In
which religious services are regularly conducted, or a correctional facility, as set forth In 3 AAC 306.0lO(a).
I certify that my proposed premises Is not located in a liquor licensed premises .
I certify that l meet the residency requirement under AS 43 .23 for a permanent fund dividend in the calendar year In
which I am initiating this application.
I certify that all proposed licensees (as defined in 3 AAC 306.020(b)(2)) and affiliates (as defined in 3 AAC 306.990(a)(1))
have been listed on my onllne marijuana establishment license application .
l certify that all proposed licensees have been listed on my application with the Division of Corporations.
l certify that l understand that providing a false statement on this form, the online application, or any other form provided
by AMCO is grounds for denial of my application.
[Form MJ-00) (rev 06/27/2016)
Initials
Page2of3
Page 61 of 145
Alaska Marijuana Control Board
Alcohol and Marijuana Control Office
550 W ih Avenue, Suite 1600
Anchorage, AK 99501
mariluana.llcen~lns@alaska.gov
https://www.c;omrperc;e.alaska .gov/web/amco
Phone: 907.269.0350
Form MJ-00: Application Certifications
Read each Sine below, and then sign your Initials In the box to the right of onlv the applicable statement: Initials
Only Initial next to the following statement If this form Is accompanying an application for a marljµana testing facility license:
I certify that I do not have an ownership in, or a direct or indirect financial interest In a retail marijuana store, a marijuana
cultivation facility, or a marijuana products manufacturing facility. D
Only Initial next to the followlng statement If this form ls accompanying an appUcatlon for a retall marl!uana store, a marliuana
cultivation facllttv, or a marlluana products manufacturing facility license:
I certify that I do not have an ownership in, or a direct or indirect financial interest in a marijuana testing facility license.
All marijuana establishment Ucense applicants:
As an applicant for a marijuana establishment license, I declare under penalty of unsworn falsification that I have read and am familiar
with AS 17.38 and 3 AAC 306, and that r have examined the onllne application and this forrn, Including all accompanying schedules and
statements, and to the best of mv knowledge and belief find them to be true, correct, and complete.
Kathryn Staskon
Printed name
It>"
[Form MJ-00) (rev 06/27 /2016} Page3of3
Page 62 of 145
Department of Commerce, Community, & Economic Development
Alcohol & Marijuana Control Office
License Number: 12303
License Status: New
License #12303
Initiating License Application
2/27/20171 :28:21 PM
License Type: Limited Marijuana Cultivation Facility
Doing Business As: PENINSULA BOTANICALS
Business License Number: 1049951
Designated Licensee: kathryn staskon
Email Address: katestaskon@gmail.com
Local Government: Kenai (City of)
Community Council:
Latitude, Longitude: 60.545068 , -151 .859760
Physical Address: 1030 angler drive
Licensee #1
Licensee Type: Entity
Alaska Entity Number: 10051115
Alaska Entity Name: Peninsula Botanicals . LLC
Phone Number: 907-420-4176
Email Address: katestaskon@gmail.com
Mailing Address: 1030 angler drive
kenai , AK 99611
UNITED STATES
kenai , AK 99611
UNITED STATES
Affiliate #1
Licensee Type: Individual
Name: kathryn staskon --Date of Birth: 07/10/1980
Phone Number: 907-420-4176
Email Address: katestaskon@gmail.com
Mailing Address: 1030 angler drive
kenai , AK 99611
UNITED STATES
Page 63 of 145
tlte eily 1,
KENAl,AWKA
"\/'
CITY OF KENAI
RESOL UTION NO. 2017-40
Sponsored by: Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
BUDGET TRANSFER WITHIN OTHER BUILDINGS & AREAS DEPARTMENT OF THE
AIRPORT FUND FOR A PROFESSIONAL SERVICES AGREEMENT TO REVIEW THE
AIRPORT'S LAND LEASE AND LAND SALES POLICIES .
WHEREAS , the administration has undertaken a project to review and recommend amendment
to the Airport's land lease and land sales policy; and,
WHEREAS, the administration intends to contract with the McDowell Group for assistance in
reviewing a new valuation model and the assumptions it utilizes; and,
WHEREAS, sufficient funds are available for transfer to provide funding for the professional
services agreement in the Other Buildings & Areas -Utility account due to delayed occupancy of
the Old City Shop property; and ,
WHEREAS , an effective land lease and land sale policy is vital to the long-term financial success
of the airport; and ,
WHEREAS, an effective land lease and land sale policy is important to the long-term financial
success of the City as a whole and is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
the following budget transfer be made:
Airport Fund
From :
Other Buildings & Areas -Utilities
To:
$.8..lQ..Q
Other Buildings & Areas -Professional Services
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 21 51 day of June, 2017.
ATTEST:
Jamie Heinz, Acting City Clerk
Approved by Finance : U
BRIAN GABRIEL, SR., MAYOR
Page 64 of 145
'Vtfl~ a1/t~ a Pa~~ Ot'tj a1/t~ a ht~ "
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www. kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
Mayor Brian Gabriel and Kenai City Council
Pau1 Ostrander, city Manager q.ow
Mary L. Bondurant -Airport Manage
June 7 , 2017
SUBJECT: Resolution 2017-40 Budget Transfer
The purpose of this memo is to transfer funds from the Other Buildings & Areas -Utilities
account to the Other Buildings & Areas -Professional Services account.
Funds are needed to issue a contract to the McDowell Group to review the Airport's land lease
and land sales policies.
I recommending the following transfer:
From: 008-464-4537
Other Buildings & Areas -Utilities $8,700
To: 008-464-4531
Other Buildings & Areas -Professional Services $8, 700
Please contact me if you have any questions.
Attachment: Resolution 2017-40
Page 65 of 145
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2017-41
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO AN
ASSIGNMENT OF LEASE OF CERTAIN AIRPORT LANDS BETWEEN SIDNEY MORRIS AND
SCHILLING RENTALS (2016), LLC AND CONSENTING TO AN AMENDMENT CHANGING THE
ANNUAL LEASE RATE FROM TEN PERCENT TO EIGHT PERCENT OF THE EXISTING
LEASE ON REAL PROPERTY DESCRIBED AS LOT 1A, BLOCK 1, DESHKA SUBDIVISION.
WHEREAS, on November 3, 1975, the City entered into a Lease of Airport Lands or Facilities
with KONSTANTINOS DIMITRIOS MACHERAS, d/b/a PIZZA PARADISOS for City-owned lands
described as follows:
Lot One-A, Block One ( 1 ), Deshka Subdivision, according to the official
plat thereof, filed under Plat No. K-1577, Records of the Kena i Record ing
District, Third Judicial District, State of Alaska; and
WHEREAS, said Lease of Airport Lands or Facilities, hereinafter referred to as Lease , was
recorded in Book 94 at Pages 359 -370, on April 20, 1976, in the Kenai Recording District, Third
Judicial District, State of Alaska; and,
WHEREAS, the Lease was assigned to Charles J. Crabaugh and Robert J . Crabaug h, and
recorded on July 11 , 1977 in Book 111 at Page 111 ; and ,
WHEREAS , the Lease was assigned to Sid Morris, and recorded on July 16 , 1990, in Book 368
at Page 407 ; and ,
WHEREAS, there have been numerous Amendments of Lease amending provisions in the
original Lease and renegotiated rental payments ; and ,
WHEREAS, said Amendments to Lease were recorded July 25, 1977, in Book 1 11 at Page 377 ;
recorded on October 24, 1977, in Book 115 at Page 936 ; recorded on July 1, 1980, in Book 158
at Page 191 ; recorded on October 27, 1980, in Book 163 at Page 258; recorded on April 8 , 1985,
in Book 258 at Page 778 ; recorded on July 2 , 1990, in Book 367 at Page 813; re corded on
September 8 , 1995, in Book 470 at Page 404 ; and recorded on October 19 , 2011 , under document
number 2011-010039-0 ; and ,
WHEREAS, an Amendment to Lease re corded on October 24, 1977, in Book 115 at Page 936 ,
amending paragraph ten (10) of the original Lease to specify that "No annual lease rate
renegotiation under this provision sh a ll be in e xcess of 10% of Fa ir Market Value, professional
appraisal , of the property at the time of re -adjustment; and,
WHEREAS, Kenai Municipal Code 21 .15 .120(a)(2) stipulates that the lease rate "shall be eight
percent (8%) of the fair market value "; and,
Page 66 of 145
Resolution No. 2017-41
Page 2 of 2
WHEREAS, the Lessee , Schilling Rentals (2016), LLC has requested that the Lease be amended
to reflect that lease rate be adjusted from ten percent (10%) to eight percent (8%); and ,
NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. That an Assignment of Lease be executed by Sidney Morris, Assignor, and
Schilling Rentals (2016), LLC, on certain Airport Lands described as Lot 1A , Block
1, Deshka Subdivision . Further, the City Manager is authorized to execute the
Consent to Assignment on behalf of the City on a form approved by the City
Attorney.
Section 2. That an Eleventh Amendment to Lease be entered into by the City of Kenai ,
Lessor, and Schilling Rentals (2016), LLC , Lessee amending the lease rate from
ten percent ( 10%) to eight percent (8 % ), on certain Airport Lands described as Lot
1, Block 1, Deshka Subdivision. Further, the City Manager is authorized to execute
said Amendment on behalf of the City of Kenai on a form approved by the City
Attorney.
Section 3. This resolution takes effect immediately upon passage .
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 51 day of June, 2017.
BRIAN GABRIEL SR, MAYOR
ATTEST :
Jamie Hein z, Acting City Clerk
Page 67 of 145
'Vtfltije t11/t~ a PaJ'~ Ct'tt t11/t~ a h.tfJ.!C'e 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager --.p. o .
Wilma Anderson, Planning Assistant VJ--L$--
June 14, 2017
Consent to Assignment and Amendment of Lease of Airport Lands
or Facilities -Lot 1A, Block 1, Deshka Subd.
Sidney Morris has submitted a request to assign the Lessee's interest under that certain Lease of
Airport Land and Facilities on the above-referenced property to Schilling Rentals (2016), LLC.
The terms and conditions of the Amendment to the original Lease of Airport Lands stipulates as
follows :
"Lessee with City's written consent, which will not be unreasonably denied, may
assign , in whole or in part, its rights as Lessee (Leasehold Estate)"
The property is identified on the attached map and is Airport Lands located outside the Airport
Reserve. The particulars for said lease, are as follows :
Term : 55 years
Effective Date/Expiration Date: November 3 , 1975/June 30, 2030
Purpose for which the Lease is issued : Convenience grocery store and other retail facilities
An Amendment to Lease of Airport Lands or Facilities executed on September 7, 1977, stipulates
that "no annual lease rate renegotiation under this provision shall be in excess of 10% of Fair
Market Value , professional appraisal, of the property at the time of re-adjustment."
Kenai Municipal Code 21 .15.120(a)(2) stipulates that the lease rate "shall be eight percent 8% of
fair market value."
The Lessee has requested that the annual lease rate be adjusted to reflect eight percent (8%)
rather than the ten percent (10%) that Lessee has been paying. Given the discrepancy between
the late rate set forth in the lease and Kenai Municipal Code , it is reasonable to amend the lease
rate from ten percent (10%) to eight percent (8%).
Page 68 of 145
Page 2 of 2
Assignment & Amendment of Lease
Lot 1A, Block 1, Deshka Subd .
The Lessee is currently paying an annual lease amount of Twenty-five Thousand and no/100
Dollars ($25 ,000 .00). This amount is based on the 2015 appraised value of $250 ,000.00 x 10%. If
the annual lease is amended to eight percent (8% ), the annual lease payment would be the
amount of Twenty Thousand and no/1001h Dollars ($20,000.00).
The current Lessee and prospective Lessee are in compliance with the City and the Kenai
Peninsula Borough . The City Attorney has reviewed the attached document and has no objection
to form for the consent. If Council approves the assignment, the Assignment of Lease and
Consent to Assignment may be executed by the Assignor and Assignee.
Page 69 of 145
ASSIGNMENT OF LEASE
This ASSIGNMENT OF LEASE, ente red into between Sidney Morris, w ho se address is
419 Frontage Rd. Kenai , AK 99611 , he re in a fter referred to as "Assignor," an d Schilling Rental s
(20 16), LLC, wh ose address is 4 7 Spur View Drive, Kenai , AK 996 11 , herei na fte r referred to as
"Assignee."
Assig nor does hereby assign , transfer and wanant to Assign ee all of its inter est in th e
leaseho ld estate as evidenced by that certain Lease of Airport Lands or Faci liti es ("Lease
Agreement") wi th the City of Kenai , as l essor, dated November 3, 1975 (recorded a t Book 94,
Page 359 record s of the Kenai Recording District) and as amended Septembe r 7, 1977, and any
s ubsequent amendments, covering th e fo ll owin g-described r ea l property:
Lot I A, Block 1, Deshka Subdivision, according to Plat No. K-1577 , in the
record s of the Kenai Recording District, Third Judicial District, State of A laska.
TO HA VE AND TO H OLD th e sam e from the date hereof , for and during a ll of the
remainder yet to come of the term of said Lease Agreement;
Assignee agrees to comply fully w ith a ll the te nns and prov1s10ns of the Lease
Agreement, and to hold the Assignor harml ess fro m an y li ability aris ing th ere und er .
Ass ignee takes th e property "as is " and acknowledges that Assignor makes no warrantie s
w ith respect to the condition or s uitabi lity of the property or any structure located thereon.
Notwithstanding the foregoing , Assig nor s hall h o ld th e Assi gnee harmless fro m and
agains t an y loss, c laim, da mages or expen ses incurred b y or for w hich Assign ee may b ecome
lia bl e as a result of e nv ironmenta l contaminat ion on the property which occmTed prior to the date
of de li very of possession to Assignee. Ass ignee s ha ll hold the Assignor ha rml ess from and
aga in st a ny lo ss , cl aim , dama ges or ex p en ses incurred by or for which Assign or may become
li a bl e as a result of environmental contamin ati o n on th e property whi c h may occur a fter the date
of delive ry of possession to Assignee.
Thi s Ass ignment of Lease wi ll onl y become effecti ve upon approva l by th e City of Kenai .
If approval is not obtained from the C ity of Kenai, this Assignment of Lease will be vo id.
IN W ITNESS WHEREOF, the Assignor and Assignee have heretofore executed th is
Ass ignme nt of Lease this __ day of , 20 17.
[Signatures on following page]
Page 70 of 145
Sidney Morris, Assignor
Sidn ey Monis
ST A TE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss.
)
Schilling Rentals (2016), LLC, Assignee
Dave Schilling, Member
The foregoi ng instrument was acknowledged before me this ____ day of ___ _
2017, by the Dave Sch illing, Member of said LLC.
NOTARY PUBLIC FOR ALASKA
My Commission Expires: ___ _
ST A TE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
The foregoi n g instrument was acknowledged before me this ____ day of ___ _
20 17 , by Sidney Monis.
Assignment of Lease
Page 2 of2
NOTARY PUBLIC FOR ALASKA
My Commission Expires: __ _
Page 71 of 145
CITY OF KENAI
CONSENT TO ASSIGNMENT
The Assignment of that certain Lease of Airport Lands and Facilities entered into on
November 3, 1975, and recorded in Book 94 at Page 359 , on April 20, 1976 , in the Kenai
Recording District, from SIDNEY MORRIS whose address is 419 Frontage Road , Kenai,
AK 99611 , to SCHILLINGS RENTALS (2016), LLC whose address is 47 Spur View Drive,
Kenai , AK 99611, covering the following-described property :
Lot 1 A , Block 1, DESHKA SUBDIVISION , according to official plat thereof,
filed under Plat No , K-1577 , in the reco rds of the Kenai Recording District,
Third Judicial District, State of Alaska.
is hereby ACKNOWLEDGED AND CONSENTED TO , subject to the same terms and
conditions as contained in the above-described o riginal Lease of Airport Lands , and any
and all amendments thereto.
This Consent is given by the City of Kenai without waiving any right or action, or
releasing the Assignor from any liability or responsibility under the aforementioned Lease,
and does not relieve the Assignee from the condition requiring the City's approval for any
subsequent sublease or assignment.
Dated this __ day of ______ , 2017.
Paul Ostrander
City Manager
ACKNOWLEDGEMENT
ST ATE OF ALASKA )
) SS
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2016, Paul
Ostrander, City Manager of the City of Kenai, Alaska, being personally known to me or
having produced satisfactory evidence of identification , appeared before me and
Consent to Assignment of Lease -Lot 1A, Block 1 , Deshka S ub d. Page 1 of 2
Page 72 of 145
acknowledged the voluntary and authorized execution of the foregoing instrument on
behalf of said City.
Approved as to form :
/
Scott Bloom , City Attorney
Consent to A ssig nment of Lease-Lot 1A, Blo ck 1, Deshka Subd.
Notary Public for Alaska
My Commission Expires: ___ _
Page 2 of 2
Page 73 of 145
ELEVENTH AMENDMENT TO LEASE
OF AIRPORT LANDS AND FACILITIES
THIS ELEVENTH AMENDMENT TO LEASE OF AIRPORT LANDS OR
FACILITIES is made as of the day of , 2017, by and between
the CITY OF KENAI (City), a municipal corporation whose address is 210 Fidalgo
Avenue , Kenai , Alaska 99611 , and SCHILLING RENTALS (2016), LLC, (Lessee),
whose add ress is 419 Frontage Road, Kenai, AK 99611 .
WITNESSETH
WHEREAS, on November 3 , 1975 , the City entered into a Lease of Airport
Lands or Facilities with KONSTANTINOS DIMITRIOS MACHERAS , d/b/a PIZZA
PARADISOS for City-owned lands described as follows:
Lot One-A, Block One (1 ), Deshka Subdivision, according to the official
plat thereof, filed under Plat No . K-1577 , Records of the Kenai Recording
District, Third Judicial District , State of Alaska ; and
WHEREAS , said Lease of Airport Lands or Facilities , hereinafter referred
to as Lease , was recorded in Boo k 94 at Pages 359 -370 , on April 20 , 1976 , in the
Kena i Recording District, Third Judicial District , State of Alaska ; and ,
WHEREAS, the Lease was assigned to Charles J . Crabaugh and Robert J.
Crabaugh , and recorded on July 11 , 1977 in Book 111 at Page 111 ; and ,
WHEREAS, the Lease was assigned to Sid Morris , and recorded on July
16 , 1990 , in Book 368 at Page 407; and,
WHEREAS, on , 2017, Sidney Morris , Assignor,
assigned his interest in the Lease to Schilling Rentals (2016 ), LLC , Assignee , by
that certain Assignment of Lease , recorded on , 2017
do c ument number 2017-; and,
WHEREAS, there have been numerous Amendments of Lease amending
provisions in the original Le ase and renegotiated rental payments ; and ,
Eleve nt h Amendment to Le ase -Schi ll in g Rentals (2016) LLC Pag e 1 of 3
Page 74 of 145
WHEREAS, said Amendments to Lease were recorded July 25 , 1977, in
Book 111 at Page 377; recorded on October 24, 1977, in Book 115 at Page 936;
recorded on July 1, 1980 , in Book 158 at Page 191; recorded on October 27,
1980, in Book 163 at Page 258; recorded on April 8, 1985 , in Book 258 at Page
778 ; recorded on July 2, 1990, in Book 367 at Page 813 ; recorded on September
8, 1995, in Book 4 70 at Page 404; and recorded on October 19 , 2011 , under
document number 2011-010039-0; and,
WHEREAS , an Amendment to Lease recorded on October 24 , 1977, in
Book 115 at Page 936 , amending paragraph ten (10) of the original Lease to
specify that "No annual lease rate renegotiation under this provision shall be in
excess of 10% of Fair Market Value , professional appraisal , of the property at the
time of re-adjustment ; and ,
WHEREAS, Kenai Municipal Code 21.15.120(a)(2) stipulates that the lease
rate "shall be eight percent (8%) of the fair market value "; and
WHEREAS, the Lessee , Schilling Rentals (2016), LLC has requested that
the Lease be amended to reflect that lease rate be adjusted from ten percent
(10%) to eight percent (8%); and,
NOW THEREFORE , the parties agree as follows :
1. The lease rate shall be amended to eight percent (8%) of the fair
market value as set forth in Kenai Municipal Code 2 1.15.120(a)(2).
2 . Except as expressly modified or stated herein , all other terms and
conditions of the Lease (as amended) remain in full force and effect.
C ITY OF KENA I
By :~~~~~~~~~~~
Paul Ostrander
Its : City Manager
SCH ILLING RENTA LS (2016), L LC
By:~~~~~~~~~~~
Da ve Schilling
Its : Member
El eventh Amendment to Lease -Schilling Rentals (20 16) LLC Page 2 of 3
Page 75 of 145
ACKNOWLEDGMENTS
State of Alaska )
) SS
Third Judicial District )
The foregoing instrument was acknowledged before me this __ day of
____ , 2017, by Paul Ostrander, City Manager for the City of Kenai, being
personally known to me or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary and authorized execution of
the foregoing instrument on behalf of said City.
Notary Public of Alaska
My Commission Expires: __ _
State of Alaska )
) SS
Third Judicial District )
The foregoing instrument was acknowledged before me this __ day of
___ , 2017, by Dave Schilling, Member of SCHILLING RENTALS (2016),
LLC being personally known to me or having produced satisfactory evidence of
identification , appeared before me and acknowledged the voluntary and
authorized execution of the foregoing in strument on behalf of the limited liability
company.
Approved a ~
I
Scott Bloom
City Attorney
Notary Public of Alaska
My Commission Expires: __ _
AFTER RECORDING , RETURN TO :
City of Kenai
210 Fidalgo Ave .
Kenai , AK 99611
Eleventh A mendment to Lease -Sch illin g Rentals (2016) LLC Page 3 of 3
Page 76 of 145
Lot 1A, Block 1 , Deshka S ubd.
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KENAl"'LAskA
"V"
N W+E
s
850 '
I·---m ·--I
1 inch equals 833 feet
The information depicted here
on is for graphic representation
only of the best available sources .
The City of Kenai ass umes no
responsib ility for erro rs on this
map .
Date: 6/15/2017 Page 77 of 145
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 7, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 7 2017, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Jim Glendening Glenese Pettey
Mike Boyle
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, Acting City Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the agenda and packet:
Add to Item D. 2. Ordinance No. 2961-2017
• Correspondence from C. Freas
Add to Item D. 7. Resolution No. 2017-26
• Supplemental Information
Add Item G. 13. Action/Approval – Authorize the City Manager or City Attorney to
Obtain an Appraisal for Lawton Acres.
Add to Item J. 1. City Manager’s Report
• Broker’s Opinion of Value – Lawton Acres
Add to Information Firetruck Photos
Page 78 of 145
City of Kenai Council Meeting Page 2 of 15
June 7, 2017
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested additions to the
agenda and packet and requested UNANIMOUS CONSENT. Council Member Knackstedt
SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion.
Mayor Gabriel opened the public hearing.
John Edison spoke in favor of retaining Lawton Acres as habitat for bears noting he often walked
down Lawton Drive instead of the Kenai Spur Highway to get away from the wind; was also
against the proposed development.
Charles See spoke in favor of introduction of the ordinance for the purchase of Lawton Acres
noting he was in favor for the common good. He pointed out that Wildflower Field brought a
constant stream of visitors and that it was prudent to preserve the 150-foot buffer between the
flowers and educational facilities.
There being no one else wishing to be heard, the public hearing was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS – None.
C. UNSCHEDULED PUBLIC COMMENTS
John Williams congratulated Administration and Council for a successful budget; reported on the
status of the firetruck renovations noting they were aiming for it to be operational by the Fourth of
July parade; suggested a pavilion for storage for the truck; thanked Council for their support.
Teea Winger spoke about livestock in city limits off Birch street noting the code was vague and
didn’t address some issues such as manure management which drew bears and bugs and that
there was no requirement for a person to live on the property. Requested the code reviewed
suggesting higher acreage per animal and taking into account the size of the animals; also
suggested the setbacks for corrals pens and coops be doubled.
Page 79 of 145
City of Kenai Council Meeting Page 3 of 15
June 7, 2017
D. PUBLIC HEARINGS
1. Ordinance No. 2960-2017 – Amending Kenai Municipal Code 14.25.015-
Landscaping/Site Plan for Land Clearing, and Kenai Municipal Code 14.25.020-
Application, to Prohibit Land Clearing of More Than Twenty Percent of a Parcel
Without an Approved Landscaping/Site Plan.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2960-2017 and the motion was
SECONDED by Council Member Glendening.
Mayor Gabriel opened the public hearing.
Dee Timlin spoke in favor of the ordinance noting her property was adjacent to a lot that had been
cleared.
Krista Timlin spoke in favor of the ordinance noting her understanding of a requirement of a buffer
between the zones; suggested reducing the percentage of allowed clearing even lower as tree
removal made a significant impact on neighbors’ quality of life.
Kelly Kelso spoke in favor of the ordinance noting she had heard a lot of testimony in favor of
buffers; asked that the ordinance be as restrictive as possible to provide protections.
Teea Winger spoke in favor of the ordinance noting her residential area had no buffer from the
airport when lots were cleared; expressed gratitude that Council was addressing the issue.
Roy Wells spoke in favor of the ordinance noting there was no superglue for trees that had been
cut down; encouraged there to be teeth to the ordinance so there wasn’t the possibility of someone
claiming ignorance and asking for forgiveness.
There being no one else wishing to be heard, public comment was closed.
It was clarified that code was problematic the way written as it only required a site plan if a property
owner was constructing a building; noted the intention of the ordinance was for a stopgap until
the other Landscaping Site Plan Ordinance, going through the Commissions, could be adopted.
The City’s ability to take action, the developer’s ability to begin a project, and Federal laws
regarding bird nesting were additional topics discussed.
MOTION:
Council Member Boyle MOVED to amend line one on page two to change, “twenty percent,” to,
“ten percent,” and in section three in 14.25.020 – Application change, “twenty percent,” to, “ten
percent,” and the motion was SECONDED by Council Member Molloy.
It was suggested there was no harm in giving the people commenting what they wanted; pointed
out that commercial entities expressed concern and that the comprehensive ordinance would
likely be changing the amount again.
It was also noted that the zones affected were already outlined in the code and was reiterated
that the number triggered the point where a landscape site plan was required.
Page 80 of 145
City of Kenai Council Meeting Page 4 of 15
June 7, 2017
VOTE ON THE AMENDMENT:
YEA: Molloy, Boyle,
NAY: Gabriel, Knackstedt, Glendening, Pettey, Navarre
MOTION FAILED.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 2961-2017 – Adopting the Annual Budget for the Fiscal Year
Commencing July 1, 2017 and Ending June 30, 2018 and Committing $1,000,000 of
General Fund, Fund Balance for Capital Improvements.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2961-2017 and the motion was
SECONDED by Council Member Molloy.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
The manager and finance director were thanked for their work to balance services and finances
so that the mill rate could remain unchanged.
MOTION TO AMEND:
Council Member Molloy MOVED to amend the, “General Fund,” amount of Section 3 to
$15,571,789 and the, “Total All Funds,” of Section 3 to $26,497,466 and the motion was
SECONDED by Council Member Boyle.
It was noted that the amendment provided the needed appropriation; that the business volume of
the Clerk’s Office had increased; that it was in the best interest of the City to get the professional
work of the Clerk’s Office done in a timely manner. It was also noted that the new City Clerk,
once hired, could decide whether the full-time position was required, but that the funding would
be there should that be the decision.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Page 81 of 145
City of Kenai Council Meeting Page 5 of 15
June 7, 2017
Council Member Molloy MOVED to amend PERS Funding on page 16 of the Annual Budget for
the City of Kenai, Alaska July 1, 2017 – June 30, 2018 to $204,840 in FY2018, to $210,985 in
FY2019, and to $217,315 in FY2020 and the motion was SECONDED by Council Member
Knackstedt. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
MOTION TO AMEND:
Council Member Molloy MOVED to amend amounts in the Council Adopted Column of the City
Clerk Department, page 26 of the Annual Budget for the City of Kenai, Alaska July 1, 2017 – June
30, 2018 for the following accounts: 0100 Salaries $145,143, 0300 Leave $4,833, 0400 Medicare
$2,174, 0500 PERS $31,931, 0600 Unemployment Insurance $750, 0700 Workers Compensation
$566, and 0800 Health & Life Insurance $35,748 and the motion was SECONDED by Council
Member Knackstedt. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
MOTION TO AMEND :
Council Member Molloy MOVED to amend amounts in the Council Adopted Column of the Non-
Departmental Department, page 47 of the Annual Budget for the City of Kenai, Alaska July 1,
2017 – June 30, 2018 for the following accounts: 0500 PERS $204, 840 and the motion was
SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
Gratitude was expressed for the finance director’s work on the Fund Balance Policy.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2962-2017 – Amending the Kenai Municipal Code, Title 23,
“Personnel Regulations,” Chapter 23.55 Fiscal Year 2018 Operating Budget Salary
Schedule.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2962-2017 and the motion was
SECONDED by Council Member Glendening.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
Page 82 of 145
City of Kenai Council Meeting Page 6 of 15
June 7, 2017
NAY:
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 2963-2017 – Authorizing Budget Adjustments and Increasing General
Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted
Amounts.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 2963-2017. The motion was
SECONDED by Council Member Navarre.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 2964-2017 – Repealing Kenai Municipal Code Chapter 5.15-Private
Detective Agencies, Removing Specific Local Regulation of Detective Agencies.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2964-2017. The motion was
SECONDED by Council Member Navarre.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Administration clarified that licensure hadn’t been utilized and that interpretation was difficult with
some of the language; also clarified that the license could be utilized for gaining access to secure
data banks.
VOTE:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
6. Resolution No. 2017-25 – Authorizing the Purchase of Real Property Described as
U.S. Survey 257, Located within Section 5, Township 5 North, Range 11 West, Seward
Meridian, from Russell Clark, for the Public Purpose of Including the Property in the
Bluff Erosion Restoration Project and Determining that the Public Interest will Not be
Served by an Appraisal.
MOTION:
Page 83 of 145
City of Kenai Council Meeting Page 7 of 15
June 7, 2017
Council Member Navarre MOVED to approve Resolution No. 2017-25 and the motion was
SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE: There was no objection; SO ORDERED.
7. Resolution No. 2017-26 – Awarding an Agreement for Engineering of Kenai
Recreation Center Mechanical Improvements.
MOTION:
Council Member Knackstedt MOVED to approve Resolution No. 2017-26 and the motion was
SECONDED by Council Member Molloy.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Administration was thanked for the additional information regarding ranking of consultants and for
the clarification of the value with the incorporation of construction services.
VOTE:
YEA: Knackstedt, Gabriel, Molloy, Boyle, Glendening, Pettey, Navarre
NAY:
MOTION PASSED UNANIMOUSLY.
8. Resolution No. 2017-27 – Fixing the Rate of Levy of Property Tax for the Fiscal Year
Commencing July 1, 2017 and Ending June 30, 2018.
MOTION:
Council Member Navarre MOVED to approve Resolution No. 2017-27 and requested
UNANIMOUS CONSENT. The motion was SECONDED by Council Member Knackstedt.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Gratitude was expressed for Administration’s level of services provided.
VOTE: There was no objection; SO ORDERED.
9. Resolution No. 2017-28 – Amending its Comprehensive Schedule of Rates, Charges,
and Fees to Incorporate Changes to be Adopted in the FY2018 Budget Process to
Include Adjusting Monthly Rental Rates at Vintage Pointe, Increasing Fees at the
Kenai Municipal Airport, Increasing Fees for Water and Sewer Service, and Increasing
Fees at the Kenai Multipurpose Facility.
Page 84 of 145
City of Kenai Council Meeting Page 8 of 15
June 7, 2017
MOTION:
Council Member Navarre MOVED to approve Resolution No. 2017-28 and the motion was
SECONDED by Council Member Glendening who requested UNANIMOUS CONSENT.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Council Member Boyle noted he was not supportive of raising the rents at Vintage Pointe and
objected to unanimous consent.
MOTION TO DIVIDE THE QUESTION:
Council Member Boyle MOVED to divide the question with Section 1 – Vintage Pointe Rents being
considered first and the rest of the resolution being considered second and the motion was
SECONDED by Council Member Glendening Molloy.
It was pointed out that the fees were all a part of the budget and that the adjustment to getting to
where the rents were at market value was not easy on either party; also pointed out that
maintenance and upgrades to the property were moving forward.
VOTE ON DIVISION OF THE QUESTION:
YEA: Molloy, Boyle
NAY: Knackstedt, Gabriel, Glendening, Pettey, Navarre
MOTION FAILED .
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Molloy, Glendening, Pettey, Navarre
NAY: Boyle
MOTION PASSED.
10. Resolution No. 2017-29 – Authorizing the City Manager to Enter into a Contract with
Premera Blue Cross Blue Shield Of Alaska to Provide Employee Health Care to City
Employees Effective July 1, 2017.
MOTION:
Council Member Molloy MOVED to approve Resolution No. 2017-29 and the motion was
SECONDED by Council Member Knackstedt and requested UNANIMOUS CONSENT.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE: There was no objection; SO ORDERED.
Page 85 of 145
City of Kenai Council Meeting Page 9 of 15
June 7, 2017
11. Resolution No. 2017-30 – Authorizing the City Manager to Renew the City’s
Insurance Coverage with Alaska Public Entity Insurance (APEI) for July 1, 2017
through June 30, 2018.
MOTION:
Council Member Knackstedt MOVED to approve Resolution No. 2017-30 and the motion was
SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
VOTE: There was no objection; SO ORDERED.
E. MINUTES
1.*Work Session of May 15, 2017
Meeting minutes approved by the consent agenda.
2.*Regular Meeting of May 17, 2017
Meeting minutes approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Resolution No. 2017-24 – Amending Policy No. 2016-01, Procedures for Commissions,
Committees and Council on Aging – To Provide Procedures for Council Involvement in
Commissions, Committees and Council on Aging Meetings.
[Clerk’s Note: A motion to approve was on the floor from the May 17, 2017 meeting.]
MOTION TO AMEND:
Council Member Molloy MOVED to amend item 6. c. of page 3. of the policy by removing the
sentence that reads, “The City Council, by motion, may refer an item to be placed on an agenda
seeking a recommendation from the respective Committee, Commission, or Council on Aging,”
and the motion was SECONDED by Council Member Boyle.
The City Attorney clarified that the language was limiting in that it prohibited an individual Council
Member from putting an item on a Committee or Commission’s agenda.
There was discussion regarding the possibility of a concept being collaborated on without being
formal; the need for the body as a whole to provide direction to staff, committees, and
commissions; the possibility of Council causing distorted deliberations; Council Member
limitations.
VOTE ON THE AMENDMENT:
YEA: Molloy, Boyle, Pettey,
NAY: Knackstedt, Gabriel, Glendening, Navarre
Page 86 of 145
City of Kenai Council Meeting Page 10 of 15
June 7, 2017
MOTION FAILED .
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Glendening, Pettey, Navarre
NAY: Molloy, Boyle
MOTION PASSED.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Ordinance No. 2965-2017 – Amending Kenai Municipal Code 4.32.015 – Local
Amendments to the 2012 International Residential Code, to Facilitate Fee Schedule
Changes for Building Permits and Plan Reviews.
Introduced by the consent agenda and public hearing set for June 21, 2017.
3. *Ordinance No. 2966-2017 – Increasing General Fund Estimated Revenues and
Appropriations for Costs in Excess of Budgeted Amounts.
Introduced by the consent agenda and public hearing set for June 21, 2017.
4. *Ordinance No. 2967-2017 – Appropriating Transfers for FY2018 Budgeted Capital
Projects in the Public Safety Capital Project Fund, the Kenai Animal Shelter
Improvements Capital Project Fund, the Municipal Roadway Improvements Capital
Project Fund, the City Shop Improvements Capital Project Fund, and the Cemetery
Improvements Capital Project Fund.
Introduced by the consent agenda and public hearing set for June 21, 2017.
5. *Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into
General Fund Land Administration-Lands Fund for the Purchase by the City of Kenai’s
General Fund of Airport Property Outside the Airport Reserve Constituting
Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4, Section
33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton Acres’ and Deed
Restricting the Future Use Of the Property to Parks and Recreational Uses to be
Retained by the City for a Public Purpose.
Introduced by the consent agenda and public hearing set for June 21, 2017.
6. Action/Approval – Approving Notification to the Kenai Peninsula Borough that the
City of Kenai will not be Utilizing Consolidated Public Safety Dispatching.
Administration noted that the Borough had been looking at consolidating the dispatching for
Homer, Seward, and Kenai into the Soldotna communications area; City officials met with the
Borough to make a determination as to whether it was in the best interest of the City focusing on
Page 87 of 145
City of Kenai Council Meeting Page 11 of 15
June 7, 2017
potential cost savings and level of service to City residents. It was determined that the City would
retain the same level of service but at an increased cost and it was the recommendation to send
a formal letter to Mayor Navarre thanking him for the opportunity to review but declining.
It was clarified that the Borough provided emergency backup redundancy for emergency services
if something happened to the City’s dispatch in a natural disaster situation.
MOTION:
Council Member Knackstedt MOVED to approve notification to the Kenai Peninsula Borough that
the City would not be utilizing consolidated public safety dispatching and requested UNANIMOUS
CONSENT. The motion was SECONDED by Council Member Navarre.
VOTE: There was no objection; SO ORDERED.
7. Action/Approval – Special Use Permit to Crowley Petroleum Distribution Alaska, LLC
for Fueling on the Apron at the Kenai Municipal Airport.
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to Crowley Petroleum
Distribution Alaska, LLC for fueling on the apron and Kenai Municipal Airport and the motion was
SECONDED by Council Member Navarre who requested UNANIMOUS CONSENT.
VOTE: There being no objection; SO ORDERED.
8. Action/Approval – Special Use Permit to Evert’s Air Fuel, Inc. for Aircraft Taking
Delivery of Bulk Fuel on the Apron at the Kenai Municipal Airport.
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to Evert’s air Fuel, Inc. for
aircraft taking delivery of bulk fuel on the apron at Kenai Municipal Airport. The motion was
SECONDED by Council Member Molloy who requested UNANIMOUS CONSENT.
VOTE: There being no objection; SO ORDERED.
9. Action/Approval – Special Use Permit to Evert’s Air Fuel, Inc. for Aircraft Loading
and Parking on the Apron at the Kenai Municipal Airport.
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to Evert’s Air Fuel for
aircraft loading and parking on the apron at Kenai Municipal Airport and requested UNANIMOUS
CONSENT. The motion was SECONDED by Council Member Molloy.
VOTE: There being no objection; SO ORDERED.
10. Action/Approval – Special Use Permit to Pacific Star Seafoods, Inc. for On Loading
and Offloading Fish at the Kenai Municipal Airport.
Page 88 of 145
City of Kenai Council Meeting Page 12 of 15
June 7, 2017
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to Pacific Star Seafoods,
Inc. for on loading and offloading fish at the Kenai Municipal Airport and requested UNANIMOUS
CONSENT. The motion was SECONDED by Council Member Molloy.
VOTE: There being no objection; SO ORDERED.
11. Action/Approval – Mayoral Nomination and Council Confirmation of Jennifer Joanis
to the Parks and Recreation Commission.
MOTION:
Council Member Navarre MOVED to confirm the nomination of Jennifer Joanis to the Parks and
Recreation Commission and the motion was SECONDED by Council Member Molloy who
requested UNANIMOUS CONSENT.
VOTE: There being no objection; SO ORDERED.
12. Action/Approval – Approving a Hiring Process for the City Clerk Position.
MOTION:
Council Member Molloy MOVED to approved the hiring process for the City Clerk position as
presented. The motion was SECONDED by Council Member Knackstedt who requested
UNANIMOUS CONSENT.
VOTE: There being no objection; SO ORDERED.
13. Action/Approval – Authorize the City Manager or City Attorney to Obtain an Appraisal
for Lawton Acres.
MOTION:
Council Member Molloy MOVED to authorize the City Manager or City Attorney to obtain an
appraisal for the full 16.4 acres of Latwon Acres and provide costs and allocations for the two
sides adjacent to Wildflower Field for the June 21 meeting and the motion was SECONDED by
Council Member Boyle
The City Attorney clarified that the appraisal was needed for the appropriation of funds.
There was discussion regarding the appraisal being time sensitive, that the voters wouldn’t be
able to weigh in; cost per household; Broker’s opinion of value; environmental issues with portions
of the property; an offer for balanced development at one end of the property; best interest of the
airport; all scenarios available before moving forward; manager’s review of appraisals prior to
their being submitted to Council.
MOTION TO AMEND:
Page 89 of 145
City of Kenai Council Meeting Page 13 of 15
June 7, 2017
Council Member Knackstedt MOVED to amend by authorizing the appraisal for the full 16.4 acres
and the two sides adjacent to Wildflower Field for the July 5 meeting if they could be appraised
for under $9,000 or providing costs and allocations for the two sides adjacent to Wildflower Field
if over $9,000 and Council Member Navarre SECONDED the motion.
It was suggested that there was no reason to delay
It was pointed out that it was beneficial to see all appraisals along with an idea of costs and
allocations of costs.
MOTION TO AMEND THE AMENDMENT:
Council Member Boyle MOVED to amend the amendment by authorizing the appraisal for the full
16.4 acres and the two sides adjacent to Wildflower Field for the July 5 meeting if they could be
appraised for under $9,000 or providing costs and allocations for the two sides adjacent to
Wildflower Field if over $9,000 and providing any information to the public as it becomes available.
The motion was SECONDED by Council Member Molloy.
It was pointed out that the appraiser may not be able to commit to the first meeting in July; noted
that all possibilities were needed to make an informed decision.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Molloy, Boyle
NAY: Knackstedt, Gabriel, Pettey, Glendening, Navarre
MOTION FAILED .
VOTE ON THE AMENDMENT:
YEA: Molloy, Knackstedt, Gabriel, Glendening, Navarre
NAY: Boyle, Pettey
MOTION PASSED.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Glendening, Navarre
NAY: Boyle, Pettey, Molloy
MOTION PASSED.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported that the June 8 meeting was cancelled; Next
meeting July 13.
2. Airport Commission – It was reported that the next meeting was June 8.
3. Harbor Commission – It was reported that the June 12 meeting was cancelled.
Page 90 of 145
City of Kenai Council Meeting Page 14 of 15
June 7, 2017
4. Parks and Recreation Commission – It was reported that June Meeting Cancelled.
5. Planning and Zoning Commission – It was reported that on May 24, the Commission
approved a Conditional Use Permit for a Limited Marijuana Cultivation Facility;
approved six Conditional Use Permits for PRL Logistics related to the sale of property;
discussed Ordinance No. 2960-2017.
6. Beautification Committee – It was reported that there was no meeting in June, but that
Volunteer Plant Day had been held on June 3.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the Employee Appreciation Party;
• Swore in Police Officer Nick Franklin;
• Participated in the Special Olympics Torch Run;
• Attended the high school graduations at both the Kenai Alternative
and Kenai Central High Schools;
• Participated in the Memorial Day event;
• Held Coffee with the Mayor at Double O Express;
• Noted the new Student Representative was Brittany Gilman;
• Wished all a Happy Father’s Day.
J. ADMINISTRATION REPORTS
1. City Manager – P. Ostrander reported on the following:
• Noted he had memorialized a Memorandum of Understanding
between the City and the Chamber of Commerce for a Silver
Salmon Derby;
• Reported that the Payne/Every code violation case had been
closed;
• Attended the Employee Appreciation Party;
• Reported on preliminary discussions with the Borough and City of
Soldotna on a bed tax;
• Noted a group from Key to Japan was visiting;
• Had been attending ongoing meetings regarding City land leasing;
• Noting the Corps of Engineers was planning on releasing the Bluff
Erosion Project plan mid-June and would be holding a town hall
meeting the first week in July.
• Noted he had provided the Broker’s opinion of value on Lawton
Acres because he had shared it with some Council Members.
2. City Attorney – No Report.
3. City Clerk – No Report.
Page 91 of 145
City of Kenai Council Meeting Page 15 of 15
June 7, 2017
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Council Member Molloy thanked Johna Beech and Chamber for collaborating with the Kenai
Birding Festival.
Council Member Glendening expressed appreciation for the Memorial Day event.
Council Member Navarre thanked the finance director and manager for the budget.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:39 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of June 7, 2017.
_____________________________
Jamie Heinz, CMC
Acting City Clerk
Page 92 of 145
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JUNE 21, 2017
VENDOR DESCRIPTION
PERS PERS
ENSTAR NATURAL GAS GAS USAGE
HOMER ELECTRIC ELECTRIC USAGE
INVESTMENTS
VENDOR DESCRIPTION
PIPER JAFFRAY U.S. GOVT SECURITY
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 92,489.34
VARIOUS UTILITIES 17,068.77
VARIOUS UTILITIES 102,493.13
MATURITY DATE AMOUNT Effect Int.
3/29/2022 1 ,004 ,872 .22 2 .0 %
Page 93 of 145
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 21, 2017
VENDOR DESCRIPTION DEPT.
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION P.O.# -DEPT.
ACCOUNT
REASON
PENINSULA CONSTRUCTION
RESERVOIR RECOATING
PROJECT 112528 -WIS CAP PROJ C/O #1
AMOUNT
AMOUNT TOTAL PO AMT
326,647.63 1,456,327.63
Page 94 of 145
'Vtff°le t<1/t~ a PaJ'~ Ct~ t<11't~ a f°atfl?e 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager?.. O·
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5)1 V
June 15, 2017
PO increase to Peninsula Construction for Reservo ir Recoating Project
The purpose of this memo is to provide information supporting the increase of Peni nsu la
Construction's Purchase Order (PO) #112528 for construction of the Reservoir #1 In terior
Coatings and Repairs project.
In my memo dated February 8, 2017 accompanying the resolution awarding the construction I
reported that "Because the tank could not be taken offline for inspection prior to award of this
contract the City should expect to award a change order to make the required repairs. This is
not uncommon when recoating the interior of a water tank ." We have identified a number of
repairs and differing site conditions that require the exe cu tion of a change order and thi s PO
increase.
The repairs include items such as repairing internal columns that were found to have holes and
therefore were filled with water, fixing and improving the tank ven t, repairing a beam that had
been damaged during original construction, and realigning the rafters that were improperly
positioned . Repairs account for $122,849.67 of the increase, the largest portion of that for rafter
repair. Rafter failure was the main cause of tank failures in So ldotna and Seward.
In addition to the repairs a site condition than was not expected was discovered. It is reasonable
to believe based on specifications published when the tank was originally constructed that the
mill scale (often shortened to just scale) would have been removed. It should have been and the
City of Kenai is fortunate that our coatings did not fail much sooner. The presence of scale was
confirmed by an independent inspector. Mill scale is formed on the outer surfaces of plates,
sheets or profiles when they are being produced by rolling red hot iron or steel billets in ro lling
mills. Scale is a nuisance when the steel is to be processed. Any paint applied over it is typically
wasted, since it will come off with the scale as moisture-laden air gets under it. Scale can be
removed from steel surfaces by flame cleaning, pickling , or abrasive blasting, which are all
tedious operations that consume energy.
The additional cost to remove the scale is $203 ,797.96 . The engineer and I did a thorough
analysis of this pricing and found it to be fair and reasonabl e. Our analysis included having a
Page 95 of 145
Page 2 of 2
discussion with Mark A. Corsentino P.E., the director of the O&M Divis ion of Anchorage 's Water
& Wastewater Utility, who has experience with mill scale change orders. Mark advised us that
we should remove the scale , and considered our approach to determine the add itio nal cost fair
and reasonable. We performed a test removal of existing coating, and another removing the m ill
scale, and timed how long it took to complete both tasks . We than applied the percentage of
additional effort required to remove the scale to the portions of the contractor's bid that was for
sandblasting . The contractor provided us with a detailed breakdown of h is b id, and when we
asked for addit ional breakdown to show the costs associated with materials, manpower,
equipment, and other associated costs, the contractor provided us with that as well fo r our
analysis. Additionally, we investigated the increase in cost to similar projects where mill sca le
was discovered. By all measures we determined that this increase is very fair and reasonable.
I have reviewed the cost and scope of work and determine it is reasonable and within ava ilable
project funds . I recommend approval of this increase of the PO in the amount of $326,647.63.
Thank you for your consideration .
Page 96 of 145
FISCAL YEAR 2018
Pl,JRCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 21, 2017
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
SYSTEMS DESIGN WEST FY18 AMBULANCE BILLING SERVICE FIRE PROFESSIONAL SERVICES 18,000.00
CASELLE FY18 COMPUTER SOFTWARE SUPPORT FINANCE SOFTWARE 24 ,453.00
NALCO FY18 CHEMICALS WATER OPERATING SUPPLIES 97,908.00
UNIVAR FY18 CHEMICALS WATER OPERATING SUPPLIES 34,559.00
UNIVAR FY18 CHEMICALS WWTP OPERATING SUPPLIES 40 ,000.00
KENAI PENINSULA BOROUGH FY18 SLUDGE DISPOSAL WWTP PROFESSIONAL SERVICES 35,000.00
SADLER PROPERTY MGMT. FY18 CONTRACTORS FEE VINTAGE POINTE PROFESSIONAL SERVICES 61,260 .00
CROWLEY PETROLEUM FY18 DIESEL DELIVERED AIRPORT OPERATING SUPPLIES 42,500.00
GUARDIAN SECURITY FY18 SECURITY SERVICE AIRPORT REPAIR & MAINTENANCE 60,000 .00
KENAI CHAMBER OF COMMERCE AND
VISITOR CENTER FY18 FACILITY MANAGEMENT AGRMT. VISITOR CENTER PROFESSIONAL SERVICES 125,000.00
;;,
Page 97 of 145
the city of
KENAl~LASKA
"V
"Vt1/~e with a Past, City with a Future"
210 Fidalgo Avenue , Kenai , A las ka 9961 1-779 4
Telephone: 907-283-7535 I Fa x: 907-283-3014
www.kena i.city
MEMORANDUM
TO:
THROUGH :
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ?-c.:> •
Jeff Tucker, Fire Chie~,...-
6-12-2017
FY18 Requisitions for Council approval
The City of Kenai Fire Department is requesting Council approval for Requisition #35483 to
Systems Design West LLC and in the amount of $18,000 .00 . The City of Ke nai has an ongoing
Professional Services Agreement with Systems Des ign Wes t LLC for the ambulance b ill ing
service. Monies for ambulance billing is budgeted for in GL #001 -422-45 3 1.
Page 98 of 145
/(t!/ff tije u;/t~ a Pa~~ Ct~ a1/t~ a Fat~ 11
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www. kena i.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager x.r:.:J··
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5"' ft\J
June 13, 2017
Purchase Orders over $15,000
The purpose of this memo is to request approval of purchase orders over $15,000 .
The Public Works Department has four Purchase Order's (PO 's) in this cou ncil meeting's packet.
Two for the Water and Sewer Department include a PO for $97 ,908.00 for NALCO and a PO for
$34,559 for Univar. Both of these PO 's are for chemicals that are used at the Water Treatment
Facility (WTF .) During a pilot study performed as part of the design of the WTF the proprietary
NALCO chemicals were proven to be superior to other brands . The NALCO chemicals removed
more color from the water while at the same time requiring less volume be added to the water. A
sole source has been approved for NALCO. The Univar chemicals were competitively bid , and
their contract is still in force.
Two for the Wastewa ter Treatment Plant include a PO to Univar for $40,000 and a PO to the
Kenai Peninsula Borough landfill for $35,000. The Univar chemicals were compe ti tively bid, and
their contract is still in force. There is no alternative to dumping at the KPB landfill, a sole source
has been approved for it.
Thank you for your consideration.
Page 99 of 145
'Vtff Clje u;/t/i, a Palf~ Ct~ u;/t/i, a !"a.tfl.P'e 11
2 10 Fid a lgo Ave, Kenai , Alaska 99611-7794
Telephone : (907 ) 2 83-7535 I Fax: (907) 283-301 4
www.kenai.city
MEMORANDUM
TO :
THROUGH:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager?. o .
Rachael S . Craig FROM:
DATE: June 14 , 2017
SUBJECT: Purchase Order for Vintage Pointe Manor Contractor's 2017-2018
Salary
A purchase order is in the packet for the FY18 budget year's V intage Pointe Manor Manage r's
Contract in the amount of $58 ,450. The contract is from October 2016 through October 201 7.
The contractor has a three year contract with an extension of two one -yea r extensions.
I recommend th e Council approve this purchase order.
Page 100 of 145
'llttfar "'/t/i a Pa.ft, Ct'ft "'/t/i a Fatar-e"
210 Fidalgo Ave, Kenai , Alaska 99611 -7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai .city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager9,&-~ rf\
Mary L. Bondurant -Airport Manager \\~\)
June 12, 2017
Kenai Airport FY18 Purchase Orders Over $15,000
The purpose of this memo is to define the fiscal year 2018 purchase orders for the A irport :
$42,500 Crowley Fuel contract term 6/20 13-6 /2018
• Equipment, ARFF veh icle, and generator fue l
$55,000 Precious Janitorial contract term 712015 -6/2018
• Terminal janitorial service
$60,000 Guardian Security contract term 3/2016 -2/2019
• Security services 5 hours a day -7 days a week
Please contact me if you have any questions .
Page 101 of 145
'Vttf ~ a1/t~ a PaJ'~ tt't? a1/t~ a h.ttif'e 11
210 FidalgoAve, Kenai, Alaska 99611-7794
Te lephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager 9. O ·
Christine Cunningham , Assistant to City Manager/HR Specialis~
June 13 , 2017
Purchase Requiring Council Approval -Facility Management Agreement fo r
the Kenai Visitor and Cultural Center
The purpose of this memo is to recommend approval of the pu rchase of contractual services t o
the Kenai Chamber of Commerce and Visitor Center, Inc . (KCCVCI) under the attached
Extension to Facility Management Agreement for the Kenai Visitor and Cultural Center.
The City Council approved the first one-year extension of the Agreement at its November 2, 2016
Meeting to reflect a new termination date of December 31, 2017 . Pursuant to the Agreement, the
City will pay KCCVCI $125,000 per calendar year for the services provided by the KCCVCI under
the Agreement subject to funds appropriated for that purpose.
The Annual Budget for FY18 adopted at the June 7, 2017 Council Meeting included funding for
professional management services for the Visitor Center in the amount of $125,000.
Attachment
Page 102 of 145
Sponsored by : City Clerk
CITY OF KENAI
ORDINANCE NO. 2969-20 17
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA , AMENDING KENAI
MUNICIPAL CODE TITLE 24 -MUNICIPAL CEMETERY, TO UPDATE PROCEDURES FOR
DEVELOPMENT OF CEMETERY REGULATIONS AND OPENING AND C LOSING OF
GRAVES, AND TO PROVIDE REGULATIONS IN THE CEMETERY REGULATIONS APPENDIX
FOR COLUMBARIUM NICHES, MARKER OR HEADSTONE DEPOSITS, AND OTHER
HOUSEKEEPING CHANGES.
WHEREAS, in 2016 the City commissioned the construction of a columbarium for the cemetery
which was finished in September 2016; and ,
WHEREAS, it is appropriate to develop regulations prior to the col umbarium 's use; and,
WHEREAS, the Parks and Recreation Commission , Parks and Recreation Directo r, Finance
Director and City Clerk re vi ewed KMC Title 24 ~ Municipal Cemet e ry; and the Cemetery
Regulations Appendix of the Code and suggested amendments ; and ,
WHEREAS, at their regular meeting of March 2 , 2017, the Parks and Recreation Commiss ion
reviewed the pol icies and procedures herein and recommended a pprova l.
NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE C IT Y OF KENAI , ALASKA,
as follows:
Section 1. Form: That this is a code ordinance.
Section 2 . Amendment of Section 24.15.010 of the Kena i Municipa l Code : That Kena i
Municipal Code, Section 24.15 .010 -Adoption of Regulations, is hereby amended as follows :
The City Clerk , wi th the assistance of the Parks and Rec reation Commission an d Dire ctor, shall
establish regulat ions for t he purchase of plots and use of the cemetery. These regu lations shall
be effective after approval by the City Council. Amendments to the regulat ions shall be submitted
by the City Clerk to the City Council for approval.
Sect ion 3. Amendment of Section 24.20 .030 of the Kenai Mun icipal Code: T hat Kenai
Municipal Code, Section 2 4.20 .030 -Grave preparation, is hereby amended as foll ows:
All openings, closing§, plot preparation.§, interments , disi nterments, ma rke r placement.§ a nd
removals shall be o verseen by the City and under the supervision of the Parks and Recreation
Director or his designated representative . Opening and closing of grav es shall be conducted by
a licensed and insured contractor only.
Section 4 . Amendment of Appendices Cemetery Regulation of the Kenai Munic ipal Code:
That Kenai Municipal Code, Cemetery Regu lat ion Section 1: Plots , is hereby amen ded as follows :
New Text Underl in ed ; [DELETED TEXT BRACKETED]
Page 103 of 145
Ordinance No. 2969-2017
Page 2 of 4
a. Plots shall be platted in those areas of the cemetery where interments have not as yet
taken place in five-foot (5') by ten-foot (1 O') plots, two-and-one-half-foot (2-1/2') by five-foot (5')
plots for infants, and two feet (2') by two feet (2') by two feet (2') for cremains .
b . The City Clerk shall be in charge and have access to said plats for the purpose of
assigning plots upon request, and have charge of burial records, files and maps which shall be
stored by the City of Kenai. The City Clerk shall charge a fee for each plot, depending upon the
size of the plot (adult or infant or cremains) and the season during which the opening and closing
of the grave occurs. All fees shall be as set forth in the City's schedule of fees adopted by the City
Council. Payment in full for the plot is required at the time of purchase of the plot. Payment for
the opening or closing of the grave is due prior to commencement of work.
c. The purchase [A RESERVATION] of~ burial Q!Q1. [SPACE] cremains plot. or columbarium
niche in the Kenai Municipal Cemetery shall [CAN] be made through [ACQUIRED BY APPL YING
TO] the City Clerk's Office . The purchaser will be [AND BEING] assigned a [PLATTED] plot(§} or
niche(s) [PLOTS] after having paid the appropriate fee . It is prohib ited for the purchaser of said
plot{s) or niche(s) to re-sell or re-assign [THE PLOTS] except to the [C]City. [CHARGES FOR
RESERVATION IN ADVANCE WILL BE AT MAXIMUM COST. FUNERAL DIRECTOR WILL
TAKE THE FAMILY TO THE CEMETERY FOR SITE SELECTION. THE FAMILY WILL PAY
CLERK UNLESS THE DIRECTOR IS PAID IN ADVANCE.] All payments for burial plots .
cremains plots. or columbarium niches shall be made directly to the City of Kenai. The fees for
such purchase shall be established and maintained in the City Clerk's Schedule of Rates,
Charges. and Fees.
Section 5. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code:
That Kenai Municipal Code, Cemetery Regulation Section 2: Interment and Disinterment, is
hereby amended as follows:
Section 2 : Interment and Disinterment or Niche Opening and Closing
a . The City Clerk sh all be provided with the appropriate State burial and transit permits before
interment or in urnment will be permitted . The burial Qlots can be used for no other purpose than
interment and cremains plots or columbarium niches can be used for no other purpose but
inurnment.
b. Interment or disinterment shall b e made in compliance with all State and City laws and
regulations .
c. Prior to interment or inurnment a marker or headstone depos it is required . Such deposit
shall be established and maintained in the City 's Schedule of Rates, Charges. and Fees, and
mu st be paid to the City of Kenai. Deposit refunds will be issued after proper installation of marker
or headstone . If after eighteen (18) months (plots) and six (6) months (columbarium's) a
permanent marker or headstone has not been installed , the City shall install a marker or flat
headstone utilizing the deposit as payment.
.Q[C]. Markers and headstones for cemetery plots may be set in a concrete base and installed
at th e head of the grave, centered and inside the plot area. The Parks and Recreation Director
must be notified prior to any plot preparation , construction , or placement of headstone or marker.
New Text Und erlin ed ; [DELETED TE XT BRACKETED)
Page 104 of 145
Ordinance No. 2969-2017
Page 3 of 4
If relig ious practices make the conformance of this requirement impossible, the old section of the
cemetery may be utilized . This decision will be at the discretion of the Parks a nd Recreation
Director[SUPERV ISOR] or designee .
~[DJ. All niche openings and closings shall be overseen by the Park s and Recreation
Department. A niche may be opened only at the request of the niche owner as listed in the
cemetery records or as determined by the City Clerk . The in itial open ing and clos ing (inurnment)
of the niche is included in the origina l cost of the niche. Additional openings and closings
thereafter are charged at a rate pursuant to the City 's fee structure . Markers for columbarium
niches shall follow a standard format. font. and size as determined by the City and shall includ e
the first and last name of the deceased. year of birth . and year of death.
f[E]. Only interment or inurnment of human remains !.§ [ARE] permitted [TO BE BURIED] in the
Kenai Municipal Cemetery.
g[F]. No more than one (1) grave marker per plot shall be allo wed .
~ One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. Up
to three (3) cremains may be buried in a standard or infant plot. Only one (1) crema in may be
buried in a cremain plot. Up to two (2) cremains may be inurned in a standard niche .
Section 6 . Amendment of Appendices Cemetery Regulation of the Kena i Municipal Code :
That Kenai Municipal Code, Cemetery Regulation Section 4 : General , is hereby amended as
follows :
a . The City of Kenai shall not be liable for any order rece ived verbally or for an y mistake
occurring from the want of precise and proper instructions as to the particular space, size or
location in a tract where interment is desired .
b. No person shall enter the Kenai Mun icipal Cemetery except through the establ ish ed
access routes . The vehicle gate will be open daily from 6 :00 a .m. to 10:00 p.m., from May 1 to
September 30 (summer months) and will remain locked from October 1 to April 30 (win ter
months). The cemetery is open year-round for pedestrian traffic. The Kenai Police Departme nt or
the Kenai Parks and Recreation Department ma y be contacted for emergency access during
closed hours.
c. No burials shall be w ithin the City limits e xcept on homesteads owned by or resided on by
the deceased. Such homesteads must be five (5) acres or larger. Private ce meteries w ithi n the
City limits on the date of passage of Ordinance 1108-85 may con ti nue in use but a re li m ited to
their platted size . A burial permit is[WILL] still [BE] required to be submitted to [FROM ] the City
Clerk if the burial is to be on a homestead or pri vate cemetery within the City limits .
d. Bicycles , skateboards, roller blades , roller skates , motor bikes , three (3) or four (4 )
wheelers are not allow ed on the cemetery grounds .
e . No child under the age of twel ve ( 12 ), unaccompanied by a guardian or paren t or oth er
adult, shall be allo wed on the cemetery grounds .
f . Food , beer or other intoxicating liquors are stri ctl y proh i bi ted withi n t he confi nes of the
cemetery .
Section 7. Severability: That if an y part or provision of this ord inance or application thereof to
any person o r circumstances is adjudged invalid by an y court of competent j urisd iction , such
New Text Un derlined; [DE LETED TE XT BRA CKETED)
Page 105 of 145
Ordinance No. 2969-2017
Page 4 of 4
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 sha ll not affect or impair
the valid ity of the remainde r of this title or application thereof to other pers ons or circumstances .
The City Council hereby declares that it would have enacted the rema inder of th is ord i nance even
without such part, provision, or application.
Section 8. Effective Date: That pursuant to KMC 1 .15.070(f ), th is ord inance s hall take effect
30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 5th day of July, 2017.
ATTEST:
Jamie Heinz, Acting City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced : June 21, 2017
Enacted : July 5, 2017
Effective : August 4 , 201 7
New Text Un derlined ; [DELETED TE XT BRACKETE D]
Page 106 of 145
1t'f ff~ «1/th a Po.6'~ 6'tf «1/th a fat~ 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager 17 c::::> ·
Robert J . Frates, Parks & Recreation Director
Jamie Heinz, Deputy City Clerk
June 16, 2017
Ordinance No. 2969-2017
Purpose of this correspondence is to inform Council that certain sections of the Kena i
Municipal Code (KMC) Title 24 -Municipal Cemetery, including the Cemetery Regulations
Appendix of the Code, require updating.
The City Clerk's office, along with assistance from the Finance Director and Parks &
Recreation Director reviewed current procedures and regulations. The Parks & Recreation
commission, at their regular meeting of March 2, 2017, further rev iewed the current policies
and procedures and recommended several amendments be adopted. The most notable
changes recommended are the requirement of marker or headstone deposits, establishing
procedures for use of the Columbarium and other light housekeeping changes.
Your consideration to this matter is appreciated.
Page 107 of 145
Suggested by: Administration
CITY OF KENAI
ORDI NANCE NO. 2970-2017
AN ORDINANCE OF THE COUNCIL OF THE C ITY OF KENAI , ALASKA, INCREASING FISCAL
YEAR 2017, GENERAL FUND, AIRPORT FUND, WATER & SEWER FUND , PERSONAL USE
FISHERY FUND, AND CONGREGATE HOUSING FUND ESTIMATED REVENUES AND
APPROPRIATIONS FOR THE TRANSFER OF FUNDS TO ESTABLISH THE NEW EMPLOYEE
HEAL TH CARE INTERNAL SERVICE FUND WHICH SHALL BE UTILIZED FOR
ADMINISTERING EMPLOYEE HEALTH CARE BEGINNING IN FISCAL YEAR 2018 , JULY 1,
20 17 .
WHEREAS , the adopted FY2018 Annual Budget for the City included a new fund for the
administration of employee health care benefits; and,
WHEREAS, the newly established fund will be an internal service fund ; and,
WHEREAS, an internal service fund is utilized to finance, administer and account fo r departments
or agencies of a government whose e xclusive or nearly exclusive purpose is to provide goods or
services to the government's other departments on a cost-reimbursement basis ; and ,
WHEREAS , initial capitalization of the fund is based on each City Fund 's current staffing which is
eligible for employee health care; and ,
WHEREAS , the City's General Fund , Airport Fund, Water & Sewer Fund , Personal Use Fishery
Fund , and Congregate Housing Fund have positions eligible for coverage; and,
WHEREAS, Council created a $100,000 commitment of General Fund , Fund Balance when
adopting the FY2017 City Budget for future employee health care costs ; and,
WHEREAS , appropriating and transferring the $100,000 is consistent w ith the adoption of the
FY2018 Budget and is consistent with the intent of the FY2017 commitment of Fund Balan ce.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1 : Fo rm : That this is a non-code ordinan ce.
Section 2: That estimated revenues and appropriations be increased as follows :
General Fund
Increase Estimated Revenues -
Appropriation of Committed Fund Balance
Increase Appropriations :
Non-Departmental -Transfer to Employee Health Care
Internal Service Fund
Airport Fund
New Text Und erlined; [DELETED TEXT BRACKETED]
$100.000
$100.000
Page 108 of 145
Ordinance No. 2970-2017
Page 2 of 3
Increase Estimated Revenues -
Appropriation of Fund Balance
Increase Appropriations:
Airport Administration -Transfer to Employee Health Care
Internal Service Fund
Water & Sewer Fund
Increase Estimated Revenues -
Appropriation of Fund Balance
Increase Appropriations:
Water -Transfer to Employee Health Care
Internal Service Fund
Personal Use Fishery Fund
Increase Estimated Revenues -
Appropriation of Fund Balance
Increase Appropriations:
Parks, Recreation & Beautification -Transfer to
Employee Health Care Internal Service Fund
Congregate Housing Fund
Increase Estimated Revenues -
Appropriation of Retained Earnings
Increase Appropriations :
Congregate Housing -Transfer to
Employee Health Care Internal Service Fund
$7.437
$8.501
$8.501
$1. 151
$1, 151
$548
$548
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 directl y 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
upon enactment. The appropriation and transfer shall be made effective June 30 , 2017 and shall
be considered an action of Fiscal Year 2017.
New Text Und erlined; [DELETED TEXT B RACKETED]
Page 109 of 145
Ordinance No. 2970-2017
Pa ge 3 of 3
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, A LASKA, this 5 th day of July, 2017.
ATTEST :
Jamie Heinz, Acting City Clerk
Approved by Finance _..:JL-
BRIAN GABRIEL SR., MAYOR
Introduced: June 21 , 2017
En acted: July 5, 2017
Effective: Ju ly 5, 2017
New Text Underlined ; [DELETED TEXT BRACKETED]
Page 110 of 145
'tftfl~ «1/t/i, a Pai?t, tt'tj «1/t/i, a h.t(/ft; 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager 7 c::::> •
Terry Eubank, Finance Director 1£
June 14, 2017
Ordinance 2970-2017
The purpose of this memo is to respectfully recommend adoption of Ordinance 2970-2017.
Ordinance 2970-2017 will appropriate the transfer of funds from each of the City's operating
funds, the General Fund , Airport Fund , Water & Sewer Fund, Personal Use Fishery Fund , and
the Congregate Housing Fund , to a new Internal Service Fund for the administration of employee
healthcare benefits. Each of the funds have authorized positions which are eligible for employee
healthcare benefits . Transfer amount for each fund was based on each funds ' FY18 budgeted
participation rate in the program . Participation by Senior Citizen Fund employees was included
with the General Fund amounts for the calculation.
Internal Service Funds are established to finance, administer, and account for departments or
agencies of a government whose exclusive or nearly exclusive purpose is to provide goods or
se rvices (e.g. printing services) to the government's other departments on a cost-reimbursement
basis . The Adm inistration believes the use of an Internal Service Fund will reduce the budgetary
impact of annual changes in health care costs.
With the adoption of the FY2017 Budget, Council committed $100,000 for future employee
healthca re costs. This $100 ,000 of committed fund balance is the source of funding for the
General Fund 's portio n of the internal service fund 's initial capi talization . Adoption of Ordinance
2970-2017 is th e final step in the FY2018 Budget plan to create and utilize an internal service
fund for administration of employee health care at the City. Your support is respe ctfully requested .
Page 111 of 145
IMacSwain Associates LLC
4401 Business Park Blvd., Suite 22
Anchorage, Alaska 99503
Telephone: 907-561-1965
Facsimile: 907-561-1955
s.macswain@Jnacswain.com
Scott M. Bloom, City Attorney
City of Kenai
210 Fidalgo A venue
Kenai, AK 99611
June 8, 2017
Re: Appraisals of Three Properties in Lawton Acres, Kenai, A laska
Property 1: 16.49-Acre Parcel (Proper ty ID 045 -01-003 )
Property 2: 4.5-Acre Parcel (Pro po sed Tract D)
Property 3: 6.9-Acre Parce l (Proposed Tracts A & B)
Dear Mr. Bloom:
MacSwa in Assoc iates LLC will prepare an Appraisal Report that estimates the mark et values
for the above referenced properties located in Kenai, A laska. We will value each property
separately, and present our findings in one report. The report will comply with the Uniform
Standards of Professional Appraisal Prac tice (USPAP). The attached drawing on the
following page, which s hows the proposed tracts, is t he bas is of this proposal. As these
properties are proposed, we will invoke an extraordinary assumption , t hat the 16.49-acre
parcel is subd iv ided in accordan ce with the attached drawing, and th e plat is approved by the
Kenai P e ninsula Borough. Terms and conditions of the engagement a re as follows:
Appraisal Fee:
Travel Expenses :
Payment Terms:
Completion Date:
Number of Copies:
Client:
Value Tvpe:
Propertv Interest:
Intended Use:
Intended User:
Extraordinary Assumption:
$9,000 . i \ (!j:)
Reimbursed by City of Ken;fi" (l-tl//·c J~~() b'J ~ -~
Due upon completion (. ~<.,t, '-1(;:" I )
6/30/17
PDF and three hard copies
City of Kenai
Market value
Fee simple interest
Assist client with an investment decision
involving subject properties
City of Kenai
16.49-acre parce l is s ubd ivided as shown
on drawing, plat is approved by Kenai
Peninsula Borough
Page 112 of 145
IMacSwain Associates LLC
Your s ignature below will confirm our understanding of the terms and conditions of the
engagement. Please forward a signed copy of this contract if it is acceptable. If yo u any
further questions regarding this engagement, please contact our office.
Sincerely,
?/V~
Steve MacSwain, MAI
MacSwain Associates LLC
Attachment -Proposed Subdivision
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, I
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l .Ila ~ ,..,.,,_,._,,.,.... .. ,,.,~ '"t:'-,..,;~'t'•· it ..-«-•
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ll~J .~:;..:-0 :.u.1.•re ., .. ,,, 1~··1 :fl• • ~·1o ''°"' ...•.. , ~· 1 h ·t.· "'" •.
~····'• ·~1 •t..:·, • ~I '.., ·/"' ·J•·
-'·
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Scott M. Bloom, City Attorney
C ity of Kenai
•'i
Date
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Page 113 of 145
'Utt~ 111/t~ a PaJ'~ tt'tj 111/t~ a ratu.H ''
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax : (907) 283-3014
www. kenai. city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Coun
Paul Ostrander, City Manager ~O·
Mary L. Bondurant -Airport Manag
June 9 , 2017
Reddi Towing & Salvage, LLC -Special Use Permit
Reddi Towing & Salvage, LLC, is requesting a special use permit for Lot 4, Block 5, Cook Inlet
Industrial Park, for the period June 1, 2017 through May 31, 2018 . Mr. Rediske has used this
as an impound lot since 2007.
The previous permit fee was $400 and City Administration increased the fee to $404 based on
the Anchorage CPI.
Mr. Rediske is current in all fees owed to the Airport and a current certificate of insurance is on
file.
Airport Commission reviewed and approved the Special Use Permit at June 8, 2017 meeting
and recommends Council approval.
Does Council recommend the City Manager enter into a Special Use Permit with Reddi
Towing & Salvage, LLC?
Please contact me if you have any questions.
Attachment: Original Special Use Permit
Page 114 of 145
SPECIAL USE PERMIT 2017
THE CITY OF KENAI (City) for the considerations and pursuant to the conditions and
requirements set forth below, hereby grants to REDDI TOWING & SALVAGE, LLC
(Permittee), whose address is P.O . Box 7079, Nikiski, AK 99635, the non-exclusive right to
use that area described below :
Lot 4 , Block 5, Cook Inlet Industrial Park and adjacent 50' wide
right-of-way, according to Plat No. 1448 (the Premises),
and as further shown in the attached Exhibit A .
1. TERM. This special use permit shall commence on June 1, 2017 , and terminate May
31, 2018.
2. PERMIT FEES. The Permittee shall be charged a permit fee of$404 plus applicable
sales tax per month this Permit is in effect.
Permittee shall pay the City the monthly fee on or before the first day of each month
beginning June 1, 2017.
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai
and delivered to the City Administration Building, 210 Fidalgo Avenue, Kenai, Alaska
99611 on or before the first of each month.
In addition to the permit fee specified above, Permittee agrees to pay to the appropriate
parties all levies, assessments, and charges as hereinafter provided:
A. Sales tax now enforced, or levied in the future , computed upon the permit fee
payable in monthly installments whether said fee is paid on a monthly or
yearly basis;
B . All necessary licenses and permits , pay all lawful taxes and assessments
which, during the term hereof may become a lien upon or which may be
levied by the State, Borough, City, or by any other tax levying body, upon
any taxable possessory right which Permittee may have in or to the Premises
by reason of its use or occupancy or by reason of the terms of this Permit,
provided however, that nothing herein contained shall prevent Permittee
from contesting any increase in such tax or assessment through procedures
provided for by law.
Special Use Permit-Reddi Towing & Salvage, LLC Page 1of6
Page 115 of 145
C. Interest at the rate of 8% per annum and penalties of 10% of any amount of
money owed under this Special Use Permit, which money or fee not paid on
or before the date it becomes due.
D. Costs and expenses incident to this Special Use Permit including, but not
limited to, recording costs.
3. USE. The use of the Premises by Permittee is limited to the purpose specified:
Impound Lot. This use 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. Use of the Premises is subject to the following conditions:
A. Permittee shall maintain the fence on the Premises in good repair. Any fence
repair and/or maintenance shall be completed from inside the fence.
B. Permittee shall use the Premises only for the storage of impounded vehicles
(no wrecked or junk vehicles).
4. 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. Garage Liability or 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 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.
Special Use Permit-Reddi Towing & Salvage, LLC Page 2of6
Page 116 of 145
D. All insurance required must meet the following additional requirements:
L All policies will be by a company/corporation currently rated "A-" or
better by A .M. Best.
IL 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.
ni. 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 June 1,
2016. The effective date of the insurance shall be no later than June
1, 2016.
vi. This insurance shall be primary and exclusive of any other insurance
carried by the City of Kenai. This insurance shall be without
limitation on the time within which the resulting loss, damage, or
injury is actually sustained.
5. 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 its use of the Premises. This shall be a
continuing release and shall remain in effect after termination of this Special Use Permit.
6. PERMITTEE'S OBLIGATION TO PREVENT AND REMOVE LIENS.
Permittee will not permit any liens including, but not limited to, mechanics ', laborers ',
material men 's, or mining liens or any other liens obtainable or available under existing
Special Use Permit-Reddi Towing & Salvage, LLC Page 3of6
Page 117 of 145
law, to stand against the Premises or improvements on the Premises for any labor or
material furnished to Permittee or to any related entity or claimed to have been furnished
to Permittee or to the Permittee 's agents, contractors, or related entities, in connection with
materials supplied to Permittee for its activities on the Premises and/or in connection with
work of any character performed or claimed to have been performed on the Premises or
improvements by or at the direction or sufferance of Permittee . Provided, however, the
Permittee shall have the right to provide a bond as contemplated by Alaska law and contest
the validity or amount of any such lien or claimed lien. Upon a final determination of the
lien or claim for lien, the Pennittee will immediately pay any judgment rendered with all
proper costs and charges and shall have such lien released or judgment satisfied at
Permittee's own expense.
7. PERSONALITY. 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 of Kenai
is not responsible for any damage to or theft of any personalty of Permittee or of its
customers.
8. FORBEARANCE. Failure to insist upon a strict compliance with the terms,
conditions , and/or any requirement 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.
9. TERMINATION; DEFAULT. This Permit may be terminated by either party
hereto by giving 30 days advance written notice to the other party. City may terminate the
Permit immediately, or upon notice shorter than 30 days, to protect public hea lth and safety
or due to a failure of Permittee to comply with condition or term of this Permit which
failure remains uncured after notice by City to Permittee providing Permittee with a
reasonable time period und er the circumstances to correct the violation or breach.
10. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race,
color, religion , national origin , ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by federal or State law. Permittee recognizes the right of the City to take any action
necessary to enforce this requirement.
11. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole or
Special Use Permit-Reddi Towing & Salvage, LLC Page 4of6
Page 118 of 145
any part of this Permit, the Premises, or any improvement on the Premises without the
written consent of the City. Unless the City specifically releases the Permittee in writing ,
the City may hold the Permittee responsible for performing any obligation under this
Permit which an assignee fails to perform.
12. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall
assume all risks incurred in its use of the Premises.
13. NO JOINT VENTURE. The 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.
14. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of
this permit shall survive the cancellation, termination or expiration of this permit.
15. AUTHORITY. By signing this Permit, Permittee represents that it has read this
agreement and it agrees to be bound by the terms and conditions herein and that the person
signing this Permit is duly authorized by the company to bind the company hereunder.
CITY OF KENAI
By: _________ _
Paul Ostrander
City Manager
REDDI TOWING & SALVAGE LLC
By: _________ _
Charles Rediske
Member
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the __ day of 2017, Paul Ostrander, City
Manager, of the City of Kenai, an Alaska municipal corporation, on behalf of the City.
Notary Public for Alaska
My Commission Expires: ____ _
Special Use Permit-Reddi Towing & Salvage, LLC Page 5of6
Page 119 of 145
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRJCT )
THIS IS TO CERTIFY that on this __ day of 2017 , the foregoing
instrument was acknowledged before me by Charles Rediske, Member of Reddi Towing
& Salvage, LLC , and Alaska limited liability company, on behalf of the Company.
Notary Public for Alaska
My Commission E xpires: ____ _
ATTEST:
Sandra Modigh, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M . Bloom, City Attorney
Y :\Airport\SUP\Reddi Towing\2017 0317 Reddi Towing SUP .docx
Special Use Permit-Reddi Towing & Salvage, LLC Page 6of 6
Page 120 of 145
(f I I""'\ I -~ ~
\
<&' ...
0 ~ TR. 8
TR.A
$ 4
3
TR. A-1
1
14
Exhibit A NO . Page 121 of 145
KENAI AIRPORT COMMISSION
June 8, 2017 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR GLENDA FEEKEN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Feeken called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Feeken led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
G. Feeken, J. Zirul, J. Bielefeld, C. Henry, K. Dodge, D. Pitts
P. Minelga
Staff/Council Liaison Present: Airport Manager M. Bondurant, Airport Assistant E. Shinn,
Council Member H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Henry MOVED to approve the agenda with the addition of new business item d.
special use permit for Reddi Towing and Commissioner Zirul SECONDED the motion. There
were no objections; SO ORDERED.
2. PERSONS SCHEDULED TO BE HEARD – None.
3. UNSCHEDULED PUBLIC COMMENT
Teea Winger spoke in favor of the landscaping site plan draft ordinance noting she supported
increased requirements and retaining buffer zones on privately owned land.
4. APPROVAL OF MEETING SUMMARY
a. May 11, 2017
MOTION:
Commissioner Zirul MOVED to approve the meeting summary from May 11, 2017 and
Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED.
Page 122 of 145
Airport Commission
June 8, 2017
Page 2 of 3
5. UNFINISHED BUSINESS
a. Discussion– Master Plan Update
It was reported that the city was waiting for the review of documents and it was anticipated the
plan would be on the agenda for the commission to review at the July meeting.
b. Discussion- T-33 Maintenance Plan
It was reported that staff was waiting on quotes for painting and decals.
6. NEW BUSINESS
a. Discussion/Recommendation – Benton Lease Renewal
It was noted that it was favorable to extend the lease; would be up for renegotiation in 3 years.
It was suggested that the term of the lease be 8 years, as 3 seemed too short.
MOTION:
Commissioner Bielefeld MOVED to approve the lease for another 8 years and Commissioner Pitts
SECONDED the motion. There were no objections; SO ORDERED.
b. Discussion– Landscaping Site Plan Draft Ordinance
City Planner Kelley provided information on a draft ordinance amending landscaping/site plan
regulations. It was noted that the amendments pertained to new construction including new
development on the airport.
MOTION:
Commissioner Henry MOVED to recommend to Council that the Airport Light Industrial Zone be
exempted from residential zoning requirements and that the airport provide a noise abatement
buffer zone between the Airport Light Industrial and Residential Zones. Commissioner Bielefeld
SECONDED the motion.
VOTE:
YEA: Zirul, Feeken, Pitts, Bielefeld, Henry, Dodge
NAY:
c. Discussion/Recommendation – Special Use Permit to Pacific Star Seafood
It was noted that Council approved the Special Use Permit on June 7 contingent on commission
approval. It was also noted the permit was effective June 9.
MOTION:
Page 123 of 145
Airport Commission
June 8, 2017
Page 3 of 3
Commissioner Bielefeld MOVED to approve the Special Use Permit to Pacific Star Seafood and
Commissioner Henry SECONDED the motion. There were no objections; SO ORDERED.
d. Discussion/Recommendation – Special Use Permit to Reddi Towing
It was noted that the special use permit was for Reddi Towing’s impound lot.
MOTION:
Commissioner Bielefeld MOVED to approve the Special Use Permit to Reddi Towing and
Commissioner Zirul SECONDED the motion. There were no objections; SO ORDERED.
7. REPORTS
a. Airport Manager – reported on the following:
• Airport Marking Project ongoing;
• Camera project was focusing on a new access control system for automated
gates;
• 17th Annual Kenai Peninsula Air Fair, June 10.
b. City Council Liaison – reported on various actions at recent Council meetings.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 13, 2017.
Commissioner Bielefeld noted he would be unable to attend the meeting.
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Bielefeld expressed concern with the appraisal of Lawton Acres.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:41 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Tawni Eubank
Administrative Assistant
Page 124 of 145
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 14, 2017- 7:00 P.M.
COMMISSION VICE CHAIR KEN PETERSON, PRESIDING
MINUTES
1. CALL TO ORDER:
Commission Vice Chair Peterson called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Vice Chair Peterson led those assembled in the Pledge of Allegiance.
b. Roll Call
Commissioners present: K. Peterson, J. Halstead, G. Greenberg, V. Askin, D. Fikes
Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Acting
City Clerk J. Heinz, and Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED
the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda; Commissioner Halstead
SECONDED the motion. There were no objections; 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.
e. *Excused Absences – B. Springer, J. Twait
2. *APPROVAL OF MINUTES: May 24, 2017
Page 125 of 145
Planning and Zoning Commission Meeting
June 14, 2017
Page 2
Minutes were approved by the consent agenda.
[Clerk’s Note: Commission Chair Fikes joined the meeting at 7:01 p.m.]
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. PZ17-22 – Original Preliminary Plat of Thompson Park Subdivision Pettey Replat submitted
by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Jay and Shirley G.
Pettey, 590 Dolchok Lane, Kenai, AK 99611.
City Planner Kelley reviewed his staff report provided in the packet noting plat vacated a property
line so the property owners could construct an addition to their residence and recommended
approval with the following recommendations:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• The name, “Shirley G. Petter” be corrected to reflect the correct spelling of the
applicant’s name.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ17-22 and Commissioner Fikes
SECONDED the motion.
Commission Vice Chair Peterson opened the public hearing.
Glenese Pettey spoke in favor of approval of the plat noting that they weren’t aware of the lot line
being in the way.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Greenberg, Askin, Fikes, Halstead, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ17-17 - Application for a Conditional Use Permit to construct a residential income based
six family dwelling unit located in Kenai, Alaska, and further described as Lot 2, Kenai
Meadows. The application was submitted by Kenai Peninsula Housing Initiatives, 3751
Sterling Highway, Homer, Alaska 99603.
City Planner Kelley reviewed his staff report provided in the packet noting the Conditional Use
Page 126 of 145
Planning and Zoning Commission Meeting
June 14, 2017
Page 3
Permit would allow a six-unit apartment community, which, based on the review of criteria found
that the permit could be approved with the following conditions:
• Further development of the property shall conform to all Federal, State, and local
regulations;
• Prior to issuance of a Building Permit, a landscape/Site plan must be reviewed by
the City Planner;
• Priro to beginning construction of the project, a building permit must be issued by the
Building Official for the City of Kenai;
• A Biennial fire inspection must be completed by the Fire Marshall for the City of
Kenai;
• A yearly Conditional Use Permit report must be submitted to the City of Kenai prior
the 31st day of December of each year.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ17-17 and Commissioner Askin
SECONDED the motion.
Commission Vice Chair Peterson opened the public hearing.
Brandi McGee clarified that the playground was to be constructed at the same time as the
apartment building.
VOTE:
YEA: Greenberg, Askin, Halstead, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Vice Chair Peterson noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion/Recommendation – Lease Renewal by Dewayne Benton for a period of five years
on the property located at 170 Granite Point Court.
Kelley reported that the property had been leased and transferred to Mr. Benton who utilizes the
property for aircraft storage and maintenance; requested 5 year lease renewal.
MOTION:
Commissioner Fikes MOVED to recommend approval of the lease renewal by Dewayne Benton
for a period of five years on the property located at 170 Granite Point Court and Commissioner
Greenberg SECONDED the motion.
Staff clarified that the property had been leased continually by various lessees since 1972.
Page 127 of 145
Planning and Zoning Commission Meeting
June 14, 2017
Page 4
VOTE:
YEA: Greenberg, Askin, Halstead, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Molloy reviewed the Action Agenda of the June 7 City
Council meeting which was provided in the packet pointing out that the Committee
Commission policy had been amended and approved and clarifying that the ordinance
purchasing Lawton Acres was for the entire parcel. Also noted a resident complaint in the
Birch Street area regarding livestock.
b. Borough Planning – Borough Planning Commissioner Fikes thanked City Council for
nominating her to represent the City on the Borough Planning Commission and reviewed
actions from the June 12 meeting.
c. Administration – City Planner M. Kelley reported on the following:
• Attended Airport Commission meeting regarding the Landscape
Site Plan Ordinance; recommended the regulations not apply to
the Airport Light Industrial Zone;
• Working with Ex-Officios of Beautification Committee, Parks &
Recreation Commission, and Harbor Commission to schedule
discussions regarding the Landscape Site Plan Ordinance;
• Working on Conditional Use Permits for marijuana facilities;
• Looking at management of General Fund lands at the request
of the City Manager for a potential land sale.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 28, 2017
Joe Halstead noted he would be absent.
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Askin noted a trailer park was for sale.
Commissioner Greenberg asked about the availability of the Kenai Dipnet App.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:54 p.m.
Page 128 of 145
Planning and Zoning Commission Meeting
June 14, 2017
Page 5
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Acting City Clerk
Page 129 of 145
'Vttlap t11/t~ a Pair~ Ct'tj t11/t~ a rat~"
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ,y7.c? •
Terry Eubank, Finance Director 1/,,
· June 14 , 2017
Finance Department, June 2017 Mid-month Report
With the passage of the FY18 Budget at the June 7th Council Meeting, the department
has been making changes and compiling the document for printing. The document is
expected to be available for distribution next week. The Department's focus will now be
switching to closing FY17 and completion of the City 's Comprehensive Annual Financial
Report . This process includes closing of the FY17 financial records , fiscal year end grant
reporting and finally financial statement preparation. The annual audit is scheduled for
the week of September 25th.
The 2017 Personal Use Fishery is quickly approaching and we will be working with the
Park's Department to train our seasonal help to work in the dipnet shacks. We have been
working closely with our software programmer to update the shack attendant software
and to create the new dipnet app.
The department has also completed open employee, enrollment training with PREMERA
and Wells Fargo representatives. Having no benefit changes in the coming year greatly
reduced the time and effort for this year's open enrolment process.
Insurance coverage renewal , property , liability, airport , marine and workers
compensation , is complete and binding of coverage for FY2018 is underway. Included in
binding this coverage is the issuance of municipal official bonds for myself, the City
Manager, and the City Clerk. Bonding for these three positions remains at the same level
previously established by Council, $40,000 for the Finance Director , $2,000 for the City
Manager, and $10,000 for the City Clerk. In addition to these amounts, the City's general
liability policy carries $250 ,000 of employee dishonesty coverage for all City employees.
If Council wishes to change the bonding amounts for any position just let me know and I
will obtain prices and facilitate the change.
Page 130 of 145
'Utt~ «1/t' a PM~ e~ «1/tk, a .Fa.taH II
210 FidalgoAve, Kenai, Alaska 99611-n94
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE :
SUBJECT:
Paul Ostrander; City Manager ?-<.:?-
David Ross, Police Chief ~z.
6/14/2017
Police & Communications Department Activity -Month of May 2017
Police handled 666 calls for service . Dispatch received 279 9-1-1 calls, 219 of which came from
cell phones. Officers made 67 arrests and wrote 250 reports. Traffic enforcement resulted in
180 warnings, 59 citations for speeding, 33 citations for equipment violations, 17 citations for
seatbelt violations, and 115 citations for "other." There was increased traffic enforcement in the
month of May partially due to Alaska Highway Safety Office funded overtime around the
Memorial Day weekend .
There were 9 DUI arrests (0 felony). Officers investigated 2 motor vehicle crashes. There were
no collisions involving moose, and there was one involving a DUI.
On May 4-5, five officers attended training on 'Exterior Response to Active Shooter Event'
(ERASE) in Kenai.1
On May 9, one new officer began employment with the City of Kenai and started field training.
One Temporary Enforcement Officer also began employment with the department on the 9t11 _
On May 9-10, the KPD officer on the AST SERT team attended training .
On May 20 and May 24 an officer attended training on 'Tactical Emergency Casualty Care'
(TECC).
On May 2, the dispatch supervisor participated in an "Alaska Vine and VineWatch~ training
webinar.
The School Resour:.ce Officer (SRO) conducted alcohol presentations in health classes at KCHS .
He completed DARE in the classrooms of Mountain View and Kaleidoscope and conducted
DARE graduations in both locations. He participated in bicycle rodeos that were held at Mountain
View and Kaleidoscope. He also attended KCHS graduation and participated in the Kenai
Alternative High School graduation.
Page 131 of 145
'Vtfl'~ f,(Jt'th a PaJ't, Ct'tj f,(Jt'th a h.t«J"e 11
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEM ORAN DUM
TO:
FROM:
DATE:
SUBJECT:
David Ross, Police Chief /;)
JJ Hendrickson, Animal Control Chief l.:j/-
6/2/2017
May 2017 An i mal Contr ol Monthly Report
Thi s month th e K ena i Anim al Shelter took i n 1101 / animal s . Animal intak e and di sposition:
DOGS :
INTAKE 39 DISPOSITION 39
W aive r 2 1 Adopted 14
St ray 8 Euthani zed 2
Impound 3 Claimed 10
Prote ctive Cu st o dy 2 Field Relea se 0
Qua rant ine 1 Tr ansferred to Re scue 13
Other Intakes 4 Other Di spos itions 0
CATS:
INTAKE 55 DISPOSITION 45
Waive r 23 Ado pt ed 2 1
Stray 19 Euthanized 3
Impo un d 0 Claimed 2
Protective Cu st o d y 0 Field Release 0
Quara ntine 0 Tra n sf e rred t o Re sc ue 19
Oth er Intakes 13 Other Di sposi tions 0
OTHER A NIMALS:
INTAKE 7 DISPOSITION 8
Bi r d (S Wa iver) 5 Rabbit (Adop tion) 1
Gu i nea Pig (2 Waiver) 2 Guinea Pig (Tra nsfer) 2
Bird (Adoption) 5
DOA : 3 OTHER STATISTICS :
Do g 1 License s (City of Kenai Dog Li cense s) 17
Ca t 2 Mic rochip s (Dog) 0
Page 132 of 145
Page 2 of 2
May 2017 Animal Control Monthly Report
C itati ons
Animal dropped with After H o urs (days we are closed but cleaning and with KPD)
Vo lunteer Hours Logged
Animals are known borough animals
Field In vesti gation s & patrols
Page 133 of 145
"(;;ff~ «11'tli a Pa.f~ Ct'tj «11'tli a Fatrq-e 11
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
J une 20 17 Mid-Month Report -City of Kenai Fire Department
As of June 131h the department has responded to 645 calls for service . This is down from
last year's call for service at the same time of 717.
• All department members have now completed all ARFF annual Live Burns. All
staff who may be assigned to the airport station are required to complete this
annual training.
• Paramedic/Firefighter Pete Coots trained all of the Police Departments TEO's on
CPR and AED usage.
• The department co-hosted with the State Department of EMS a three day course
titled Tactical Emergency Care Course or TECC. This course provided
instruction to both EMS and Law Enforcement responders on hour to respond to
an active shooter event and safely care for patients.
• The department co-hosted with Peninsula Safe Kids a Car Seat Safety Day -
Rebecca Matthews our Staff Assistant II has gone through the training and is now
a certified Car Safety Seat installer. She joins several of our other members who
have had this training . It has been an asset to have Rebecca trained as we
frequently have folks just stop in to have their car seats checked and Rebecca is
able to help them .
Page 134 of 145
KENAI COMMUNITY LIBRARY
MID-MONTH REPORT
the ci'ty of JUNE 2017
KENAI. ALASKA
~
J May Circulation Figures
Adult Ficti on 1,619 Internet Access 922
Adult Non-Fiction 931 iPad use 205
Young Adult Fiction 194 Vid eo 0
Periodicals 94 Room Booking 203
Ju veni le F ictio n 464 Music 27
Juve nil e Non -F iction 239 DVD s 1,745
Easy Fiction 925 Audio bo oks 186
Easy Non-Fi cti on 191 Miscellaneous 179
Interlibrary Loa n 10 Co mpu ter Progr ams
Books -Consortium 231 Media -Conso rtium 60
I Total Print 4,898 Total Non-Print 3,527
Total Circulation 8,425 In-House circulation 240
Library Door Count .. ~ .... 8,252 Downloadable Audio 600
Downloadable EBooks 486
In May we had 3 volunteers who put in about 35 h ours. There were 18 children's programs w ith 335 total in
attendance, a n d 2 I adult and family program s w ith 234 attendees.
In May we ord ered 14 interlibrary loan items not available throug h the con sortium a nd received 8 items, we
returned 13 items and loaned 12 item s to oth er libra1i es w ho are o ut of s t ate o r not in the consortium .
MAY
Income
F in es $1,058.17 Library Cards Issued May
Xerox 156 .75
Lost/Da ma ge d 10 8 .94 Ka silo f 6
Test Proctoring Fee 90.00 Kenai 33
Printing 272.50 Niki ski 7
Other 5.00 Ni ni lc hi k 3
Total income $1,69 1.36 Non-Res ident 2
Other Pe nins ula 1
So ldo tn a 9
Total 61
Page 135 of 145
MEMORANDUM
'Vtfl~ «J/t/t, a Pa.ft, Ct~ «J/t/t, a f"att<J<-e JI
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
TO:
THROUGH:
FROM:
DATE:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager ?. 0 ·
Rachael S. Craig, Senior Center Director
June 8, 2017
SUBJECT: Monthly Report
May 2017 NTS Choice
Home Meals
60+ Service Area 51 1,083 12 446
Clients Meals Clients Meals
60+ Outside Service 1 38 3 79
Area Clients Meals Clients Meals
Under 60+ Service 1 18 5 207
Area Client Meals Clients Meals
Under 60+ Outside 2 62
Service Area Client Meals Clients Meals
Subtotals 53 1,139 22 794
Clients meals Clients Meals
Total NTS and Choice Waiver Meals
Clients: 75 1,933
The current Choice Waiver mea l rate is $21.15 for a congregate meal and $21.47 for a home
meal a client must be nursing home eligible and meet Medicaid income gu idelines and approved by th e
state for a care plan . The Nutrition, Transportation and Services Grant allows for se niors to make a
sugges ted donation of $7.00, plus $.70 per meal USDA Grant.
Seniors vo lunteered 1,077 hours during the month of May. The senior center was not rented
but space was provided for a se nior couple's wedding reception.
25 children from the Aurora Boreali s School entertained for Mother's Day. The children sang
and shared stories about their mothers. 69 seniors enjoyed the luncheon .
The Second Annual National Fitne ss Day was held on the 261
h of May. 80 se niors participated, with 20
ven dors that promoted health and we llness. 40 participants ages 4 to 92 participated in the 2.5 mile
walk . All but fi ve sen iors finished the 2.5 walk.
Page 136 of 145
1tl;ff ap «1/t~ a Pa~~ Ct'tf «11't~ a Fat~ JJ
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone : (907) 283-75351 Fax: (907) 283-3014
www.kenai.city
PARKS & RECREATION MID-MONTH REPORT
June 2017
The department's temporary staff started work June 51h. The first two days included both safety
training and field tra ining . This year's fie ld portion was t itled "A Day in the Park" and held at
Municipal Park . The goal was to include all elements of training that staff will routinely encounter
throughout the summer in a typical park setting . Topics included , but not limited to , restroom
cleaning , trash removal, turf maintenance , playground maintenance , and shelter maintenance.
On May 181h, students from Mt. View Elementary visited and planted flower pouches for various
areas throughout town. Our volunteer plant day was held June 3rd. Most all the high visible areas
were successfully planted utilizing volunteers. Staff have been busy since this time filling in areas
and performing extra plantings. The concrete circle planters were planted beginning June ?'h and
all the street and highway wooden flower bo xes were set on June 12'h.
The Director met with our Life Fitness Equ ipment representat ive and reviewed the existing
treadm ills located at the Kenai Recreat ion Center in anticipa ti on of replacing two of the older
units . All the un its th is winter received more u se since the addition of the card io room last year.
Memorial Day serv ices occurred without any difficulty. Grounds maintenance was performed at
both the LH Memoria l Park and at the Kenai Cemetery in preparation for the day's services ,
including decorating the gazebo .
The Unocal Ret iree 's Association completed the Little Free Library and delivered unit. There 's a
little finish work to be performed and we plan to install it along the Pathways of Poetry trail on the
backside of Municipal Park . Administrati ve Assistant, Melanie Beverly , has been working
diligently on the Pathways of Poetry program along with staff from the Kenai Library. All the
judging has been completed and voice recording s from the winners recei ved and transferred onto
a QR Code ; sign production and installation is the ne xt step .
Golden Wheel Amusements (carnival ) had a successful stop in Kenai despite the rainy
cond itions . The only problem reported was a broken pipe in the men 's restroom which was
repaired in a timel y fashion.
Team Home Depot volunteers and children also constructed about a dozen cedar bird houses
back in May that will be installed in various park locations .
Page 137 of 145
'tlttl~ tt11't~ a Po.cf~ e~ tt11't~ a Fat(IJ'-e IJ
21 O Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
June 2017 -Airport Managers Report
Master Plan -Phase Ill report (draft) -The Technical Advisory Committee met with the
consultant and final comments were resolved. The report is being updated and submitted
to Airport Commission at the July 13, 2017 meeting . The report is scheduled to go to City
Council in August.
2016 Small Taxiway & Aircraft Tie down Project -The project has attained substantial
completion; the project will be closed after installation of the new apron flood lights.
2016 Fencing Rehabilitation -(name has been revised from "security camera project" at
direction of the FAA) A revised scope of work identifying the grant eligible security
cameras along with modifications to the existing electronic gates was submitted to the
FAA on June 1, 2017 for concurrence. This scope will get the infrastructure in place and
allow for future camera expansion should it be necessary.
2016 Improved Airport Drainage -Project has attained substantial completion; the
additional drainage work started on Monday, June 1ih and will take approximately three
days. Upon completion of drainage work, the project will be closed out.
2016 Airfield Marking Project -This project started May 22, 2017; crack sealing,
sealcoating , and airfield marking is ongoing .
2017 Terminal Rehabilitation Project -Environmental & Planning Grant -The scope of
work has been submitted and City Administration is waiting for a cost proposal for the
design grant.
In-house:
1 ih Annual Kenai Peninsula Air Fair -Saturday , June 101h was a huge success. Thank
you to all who gave their time and energy! Thirty-two pilots and passengers participated
in the poker run. Thank you to the 90 1h Squadron for the F22 Raptor, Air Station Kodiak
for the H60 Dolphin , Commemorative Air Force for the Warbirds, and Life Med for their
helicopter. The weather co-operated and the Kenai Peninsula was able to enjoy live
music by Hobo Jim , a great barbeque, and military appreciation!
Page 138 of 145
IVlunlclpal Airport
FLOAT PLANE BASIN ACTIVITY
2013-2017
-----------------------------------------· OPERATIONS -----------------------------------------· Month 2017 2016 2015 2014 2013
MAY 23 44 57 30 33
JUNE 85 124 79 93
JULY 151 164 186 168
AUGUST 191 148 182 161
SEPTEMBER 115 71 72 139
OCTOBER CLSD 17 9 67
NOVEMBER CLSD CLSD CLSD 0
Total 23 586 581 558 661
0 not reported -----------------------------------------· FUEL SALES -----------------------------------------·
Month
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
Total
S lips Rented
Private
Commerical
2017
$784
$784
2016
$1,175
$1 ,656
$3,036
$3,647
$3 ,830
CLSD
$13,344
2
0
2015 2014 2013
$8 $1, 151 $622
$0 $2,752 $2 ,636
$1,873 $5,776 $3,517
$1,710 $3,116 $3,285
$1 ,380 $1,820 $1,740
$553 $384 $255
$5,524 $14,999 $12,055
Rev 5/2015
Page 139 of 145
'llttltl!e «11'tli a PaJ'~ tt~ «1/tli a rat~"
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager <?. O ·
Sean Wedemeyer, Public Works Director/Capital Projects Manager ~Iv'
June, 2017
Mid-Month Report; Public Works I Capital Projects
• Recruitments -Recruitment for 2 Water & Sewer Operators and 5 temporary dock workers ongoing.
• WWTP Improvements -Pre -design is on hold pending results of ammonia testing.
• New Reservoir -Closeout in progress.
• Recoat Existing Reservoir -Construction in progress .
• Public Safety Building Improvements -To be funded and bid in FY18 .
• Fencing Rehab with Access Control -formally titled Airport Security Camera Replacement.
• Small Taxiways and Aircraft Tiedown Rehabilitation -Construction in progress.
• Terminal Building Rehab Conceptual Plan and Design -Negotiations with Consultant in progress .
• 2016 Improved Airport Drainage -Additional construction in progress .
• Kenai Airport Airfield Marking and Signage 2016 -Construction in progress.
• Vintage Pointe Roof Screw Replacement -Close out in progress.
• Dock repa ir -Administration to determine scope of work and funding .
• Inlet Woods Storm Drain s -Construction in progress .
• Flight Service Station Phase 3 (Interior re model) -Waiting on FAA to complete their project.
• Animal Control Kennel Painting -To be funded and bid in FY18 .
• Senior Center Dining Room Atrium Replacement and Roof Repair -Construction in August.
• Purcha se Sander Trucks -Specifications in development.
• Rec Center Improvements -Desig n agreement execution in progress.
• Dipnet Outhouse and Dumpster Rental -Bid documents in development.
• Re c Center Management Agreement -Bid documents in deve lopment.
• USACE Bluff Erosion -The Tentatively Selected Plan (TSP) is set to be released June 151h. We are in
discussions with th e USACE regarding a date for a public meeting to be held in Kenai.
• DOT KSH Rehab (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr. to Bid in July 2017.
• DOT KSH Reha b (Widening to 5 lanes ) Phase 2 Eagle Rock Dr. to Sports Lake -to Bid in 2018.
• DOT KSH Rehab (Grind and pave) MP 12.25 to 18.52 -Possible construction in 2018.
• DOT Beaver Loop Road and Pedestrian Pathway Project -Possible construction in 2018, likely 2019.
Page 140 of 145
'lltfl~ «1/t/i a Pai?~ Ot'tj «1/t/i a h.t~ 11
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager y . o "
Matt Kelley, City Plan ne r ;fl!!.
June 14, 2017
Planning Division -June Mid-Month Report
Planning and Zoning Resolutions Approved: May 10. 2017 -June 14, 2017
PZ17-10 -Application for a Conditional Use Permit to operate an approximately 500-
square-foot Marijuana Cultivation Facility, Limited , within an existing approximately 576
square foot detached garage; lo cated on the property known as 1030 Angler Drive,
Kenai , AK 99611, and further described as Lot 2 , James H Cowan Subd . Application
submitted by: Kathryn Staskon, 1030 Angler Dr., Kenai , Alaska 99611.
PZ17-11 -Original Preliminary plat of Soares Subdivision , submitted by Johnson
Surveying, P.O. Box 27, Clam Gulch , AK 99568 on behalf of Frank and Sherian Soares,
1025 2n d St., Kenai , AK 99611 .
PZ17-12 -Application for a Conditional Use Permit to operate an airport utilizing the
current/historically use hangar facility on the property, tie downs for small aircraft,
staging , light maintenance for small a ircraft (up to a Twin Otter) and fueling ; l ocated on
the property known as 2270 Royal Street, Kenai , Alaska, 99611 , and further described
as Tract A , Dragseth Subdivision 2016 Addition. Application submitted by PR L Logist ics ,
LLC , 421W.1 st Ave., Suite 250 , Anchorage, AK 99501.
PZ17-13 Application for a Cond iti ona l Use Permit to operate a private lodge in the
existing single-family residence which could be used as a bed & breakfast, vacat ion
rental home , hotel , and general living quarters ; located on the property known as 2270
Royal Street, Kenai , Alaska , 99611, and further described as Tract A , Dragseth
Subdivision 2016 Addition . Application submitted by PRL Logistics, LLC, 421 W . 1st
Ave., Suite 250 , Anchorage, AK 99501.
Page 141 of 145
Page 2 of 3
Planning Division June Mid-Month Report
PZ17-14 -Application for a Conditional Use Permit to operate assemblies which could
consist of weddings, private parties, and other outdoor events located on the property
known as 2270 Royal Street , Kenai, Alaska , 99611, and further described as Tract A,
Dragseth Subdivision 2016 Addition. App l ication submitted by PRL Log istics, LLC , 421
W. 1st Ave., Suite 250 , Anchorage , AK 99501 .
PZ17-15 -Application for a Conditional Use Permit to operate professional offices for
PRL staff and contractors ; located on the property known as 2270 Royal Street , Kenai,
Alaska , 99611, and further described as Tract A, Dragseth Subdivision 2016 Addition .
Application submitted by PRL Logistics, LLC , 421 W. pt Ave., Suite 250, Anchorage , AK
99501 .
PZ17-16 -Application for a Conditional Use Permit to operate a restaurant and mobile
concession; located on the property known as 2270 Royal Street, Kenai , Alaska , 99611 ,
and further described as Tract A, Dragseth Subdivision 2016 Add ition. Appl ication
submitted by PRL Logistics , LLC , 421 W. 1st Ave ., Suite 250 , Anchorage , AK 99501.
PZ17 -17 -Application for a Conditional Use Permit to construct a residential income
based si x family dwell i ng unit located in Kenai, Alaska , and further described as Lot 2,
Kenai Meadows. The application was submitted by Kenai Pen insula Housing Initiatives ,
3751 Sterling Highway, Homer, Alaska 99603.
PZ17-19 -Application for a Conditional Use Permit to operate an airport to be utilized
for small aircraft, airship operations, cargo loading and unloading , light maintenan ce for
small aircraft and fueling; located on property described as a portion of Tract B , Dragseth
Subdivision 2016 Addition , and a portion of Government Lots 9 throu gh 15, incl usive,
and a portion of the SE Y-i SE Y-i NE Y-i , Section Seven , Township 5 North , Range 11
W est , Seward Meridian. Application submitted by PRL Logistics, LLC , 421 W. 1st Ave .,
Suite 250, Anchorage , AK 99501.
PZ17-22 -Original Preliminary Plat of Thompson Park Subdi visio n Pettey Replat
submitted by Integrity Surveys, 820 Set Net Dr., Kenai , AK 99611 , on beha lf of Jay and
Shirley G. Pettey, 590 Dolchok Lane , Kenai, AK 99611.
Building Permits Issued: May 10, 2 017 -June 14, 20 17
Permit# Date Owner Address Improvement Va luation Residential I
Issued Commercial
B53 16 5/17/2017 Kenaitze 513 Greenhouse $60 ,000 Commercial
Indian O verland
Tribe Ave .
B5317 5/10/2017 Kenaitze 513 Ele ctrical $18,000 Commercial
Indian Overland Modifi catio ns
Tribe Ave.
B5318 5/12/20 17 Michael 305 Hutto Detached $220,000 Residential
Brown St. Garage/Shop
Page 142 of 145
Page 3 of 3
Planning Division June Mid-Month Report
B5319 5/22/2017 Hall 520 N. 3, 188 Sq. Ft. $385,000 Residential
Quality Strawberry SFD w/ att.
Builders Rd. 1,324 Sq . Ft.
Gar.
B5320 5/17/2017 Vernon 1540 Addition to $8 ,000 Residential
Stanford Redoubt Garage
Ave .
B5321 5/17/2017 Keith & 630 392 Sq. Ft. $75,000 Residential
Stephanie Sandpiper Detached
Randall L n. Garage
B5322 5/25/2017 Patri ck & 565 Devray 448 Sq . Ft. $8,000 Residential
Lesli e St. Storage
Cooper Bldg .
B5323 5/30/2017 Craig & 1401 528 Sq. Ft. $80,000 Residentia l
Joan Barabara Guest
Young Dr. Cottage
B5324 6/2/2017 Jay Pettey 340 411 Sq. Ft. $42,4000 Residenti al
Th ompson SFD Addn .
Pl.
Code Enforcement Activities
Planning & Zoning currently has 7 active code cases:
Junk Vehicles 7
D ebri s & Junk 0
Garbage 0
Building Code V io lati on 0
Mi scellaneous Cod e Vio lation 0
Cases transferred to Legal Department/C iv il 0
Penalties bei ng assessed.
TOTALS: 7
Code Enforcement Action during th e month s of May -June 2017:
I Closed Cases
Op en ed Cases
Page 143 of 145
June 12, 2017
Kenaitze Indian Tribe
Family Services
Attn: Elizabeth Hamre
510 Upland St.
Kenai , AK 996 11
Dear Ms . Hamre,
"Vt1f tlje with a Pll$t, City with a Future"
Kenai Police Department
107 S . Willow St, Kenai, Alaska 99611
Telephone : 907-283-7879 I Fax: 907-283-2267
On behalf of the Kenai Police Department, I would like to offer thanks for the generosity of the
Kenaitze Indian Tribe in sharing thei r grant proceeds.
We appreciate the effort put in by the Kenaitze Indian Tribe to obtain the 'Stop Grant' to combat
violence against women. It further reflects on your community-minded team approach to solving
the problem of domestic violence, that you would seek out our department's needs in spending
the proceeds of your grant.
Your spending of approximately $2500 in grant funds to purchase investigative equi pment and
software for the Kenai Police Department, that can directly be used to investigate violence
against women will increase our preparedness and benefit the community .
. -Sincerely,
David Ross
Chief of Police
-----~
Page 144 of 145
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: JUNE 21, 2017
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
AIRPORT EQUIPMENT RENTALS EXCAVATOR RENTAL STREETS RENTALS 5,500.00
MY SENIOR CENTER HAND HELD SCANNERS TITLE Ill SMALL TOOLS 2,700.00
CHARTER MACHINE CO. DRIVE ROLLER FOR BELT PRESS WWTP SMALL TOOLS 4, 100.00
ALASKA INDUSTRIAL HARDWARE PRESSURE WASHER SEWER SMALL TOOLS 3,949.00
HD SUPPLY WATERWORKS HYDRANT WATER REPAIR & MAINT. 2,875.00
PENINSULA CONSTRUCTION HAIDA STREET HYDRANT REPAIR WATER REPAIR & MAINT. 5,200.00
INTEGRITY SURVEYS SURVEY WORK FOR ASLS 2013-49 LAND PROFESSIONAL SERVICES 4,823.74
.;,
Page 145 of 145
JUNE 21, 2017
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item D.4. Ordinance No. 2968-2017
• Correspondence from B. McIntosh Acting City Clerk
HEAR YE!
HEAR YE!
WHAT TO DO ABOUT LAWTON ACRES
DATE: June 21, 2017
To : Kenai City Council
Re : Agenda Item D4. Ordinance No. 2968-2017 – Appropriating General Fund Balance Funds into
General Fund Land Administration-Lands Fund for the Purchase by the City of Kenai City Council
Meeting Page 2 of 4 June 21, 2017 Kenai’s General Fund of Airport Property Outside the Airport
Reserve Constituting Approximately 16.49 Acres of Real Property Described as S1/2 S1/2 SW1/4,
Section 33,T6N, R11W, Seward Meridian, Commonly Referred to as ‘Lawton Acres’ and Deed
Restricting the Future Use Of the Property to Parks and Recreational Uses to be Retained by the City
for a Public Purpose.
Considering the testimony of the people from the public at the work session on January 24th and June
15th, it would seem in order to NOT go ahead with the development of the property.
This desire of the people most effected by this decision is not new. They have been saying NO
DEVELOPMENT for 25 years or longer. The whole city voted on this at least twice and said NO
DEVELOPMENT.
The council was elected to represent all citizens, not just the business community.
Let the citizens vote on it. At least three councilors support this. Why do some members of the council
fear letting the people decide?
At the work session in January some of the residents present seemed to respond positively to Dr.
Sorhus’s development proposal. Put it to the voters to buy all 16 acres, then sell to Dr. Sorhus. The rest
will then be made into a green strip or park. The airport will get the total value of the 16 acres and the
city could partially offset the cost by selling to Dr. Sorhus.
This is a win-win-win solution. Not everyone gets totally what they want, but everyone gets a fair
share. And the fate of Lawton acres will be settled.
Bob McIntosh
PeninsulTownCrier.com
bobmkenai@gmail.com
907-953-7995