HomeMy WebLinkAbout2018-01-17 Council Packet KENAI CITY COUNCIL - REGULAR MEETING
JANUARY 17, 2018 - 6:00 PM
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A.CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
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)
B.1.Mayor John Williams – Board of Director’s Report to Cook Inlet Regional Citizens Advisory
Council Stakeholders and Carport for the Renovated Firetruck.
CIRCAC Newsletter.pdf
Clarion CIRCAC Article.pdf
B.2.Jodi Stuart, Project Homeless Connect – An update on the areas homelessness and near
homelessness as well as information on Project Homeless Connect 2018.
PHC Report.pdf
PHC Presentation.pdf
C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.PUBLIC HEARINGS
D.1.Ordinance No. 2995-2018 - Accepting and Appropriating a Federal Grant from the Institute of
Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee
Travel and Training.
Ordinance No. 2995-2018.pdf
D.2.Ordinance No. 2996-2018 – Authorizing a Budget Transfers in the Public Safety
Improvements Capital Project Fund and the Animal Control Facility Improvements Capital
Project Fund for the Transfer of Remaining Balances from Completed Capital Projects to the
City Dock Repair Capital Project Fund and Appropriating such Transfers and Insurance
Proceeds Received from the City’s Insurer to Complete Repairs to Damage Sustained from
the Magnitude 7.1, January 2016 Southcentral Alaska Earthquake and for the Installation of a
New Cathodic Protection System and Other Repairs.
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Kenai City Council Meeting Page 2
January 17, 2018
Ordinance No. 2996-2018.pdf
D.3.Ordinance No. 2997-2018 – Amending Kenai Municipal Code 14.20.330- Standards for
Commercial Marijuana Establishments, for Purposes of Consistency with the City’s Land
Use Table.
Ordinance No. 2997-2018.pdf
D.4.Ordinance No. 2998-2018 – Repealing, Renaming and Re-Enacting Kenai Municipal Code
Chapter 21.10-Leasing Of Airport Reserve Lands to Encourage Growth, Development and a
Thriving Aviation Community Through Responsible Land Policies and Practices.
Ordinance No. 2998-2018.pdf
D.5.Resolution No. 2018-02 – Authorizing Redirection of Previously Appropriated Funds from a
Completed Road Maintenance Capital Project to a Newly Identified Project.
Resolution No. 2018-02.pdf
D.6.Resolution No. 2018-03 – Adopting a Policy to Provide for a Student Representative for the
Parks and Recreation Commission.
Resolution No. 2018-03.pdf
E.MINUTES
E.1.*Regular Meeting of January 3, 2018
01-03-18 Council Minutes.pdf
F.UNFINISHED BUSINESS
F.1.Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 - Mandatory
Connections and Abandonment of Old On-Site Sewer Systems, for 2737 Iliamna Road.
Ordinance No. 2992-2017.pdf
G.NEW BUSINESS
G.1.*Action/Approval – Bills to be Ratified.
Payments over $15,000.pdf
G.2.*Action/Approval – Purchase Orders Exceeding $15,000.
G.3.*Ordinance No. 2999-2018 – Increasing / (Decreasing) Estimated Revenues and
Appropriations in the Airport Equipment Capital Project Fund and Authorizing Grant
Amendments to Adjust Estimated Grant Proceeds as a Result of Proceeds from the Sale of
Equipment Previously Purchased with Federal Aviation Administration Grant Funds.
Ordinance No. 2999-2018.pdf
G.4.*Ordinance No. 3000-2018 – Accepting and Appropriating a Federal Grant from the Institute of
Museum and Library Services (IMLS) Passed Through the Alaska State Library for Employee
Travel and Training.
Ordinance No. 3000-2018.pdf
G.5.*Ordinance No. 3001-2018 – Repealing and Re-Enacting Kenai Municipal Code Section
7.15.090- Sales, Surplus, Competitive Bidding to Provide Administrative Authority for the
Disposal of Certain Surplus or Obsolete Supplies, Materials or Equipment.
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Kenai City Council Meeting Page 3
January 17, 2018
Ordinance No. 3001-2018.pdf
G.6.*Ordinance No. 3002-2018 – Increasing / (Decreasing) Estimated Revenues and
Appropriations in the Personal Use Fishery Fund for the Remaining FY2018 Expenditures
which were Presented in the 2017 Kenai River Personal Use Fishery Report.
Ordinance No. 3002-2018.pdf
G.7.*Ordinance No. 3003-2018 – Amending Kenai Municipal Code Section 17.10.010-Mandatory
Connection and Abandonment of Old Well, and Section 17.20.010- Mandatory Connections
and Abandonment of Old On-Site Sewer Systems, to Change the Mandatory Connection
Requirements.
Ordinance No. 3003-2018.pdf
G.8.*Ordinance No. 3004-2018 – Amending Kenai Municipal Code Section 1.15.050-Order of
Business, to Amend the Use of the Pending Legislation Agenda Item and Make Other
Housekeeping Changes.
Ordinance No. 3004-2018.pdf
G.9.*Ordinance No. 3005-2018 – Amending Kenai Municipal Code Chapter 7.10-Sales Tax, to
Exempt Public Water and Sewer Utility Services to Residential Housing from the City’s Levy
of Sales Tax.
Ordinance No. 3005-2018.pdf
G.10.Discussion – Contract Award Procedures for Purchase Orders Exceeding $15,000.
Contract Award Procedures for PO's over $15,000.pdf
G.11.Discussion – 2014 / 2016 Integrated Water Quality and Assessment Report – City of Kenai
Comments.
City Comments to Integrated Water Quality Report.pdf
G.12.Discussion – Council Input on a Future Dipnet Vendor Permit.
Dipnet Vendor Permitting Questions.pdf
H.COMMISSION/COMMITTEE REPORTS
H.1.Council on Aging
H.2.Airport Commission
H.3.Harbor Commission
01-08-18 Harbor Summary - DRAFT.pdf
H.4.Parks and Recreation Commission
01-04-18 Parks & Rec Summary - DRAFT.pdf
H.5.Planning and Zoning Commission
01-10-18 P&Z Minutes - DRAFT.pdf
H.6.Beautification Committee
H.7.Mini-Grant Steering Committee
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January 17, 2018
I.REPORT OF THE MAYOR
J.ADMINISTRATION REPORTS
J.1.City Manager
City Manager Report.pdf
Mid-Month Reports.pdf
J.2.City Attorney
J.3.City Clerk
Clerk Report to Council - Record Destruction.pdf
K.ADDITIONAL PUBLIC COMMENT
K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker)
K.2.Council Comments
L.EXECUTIVE SESSION - None.
M.PENDING ITEMS
M.1.Ordinance No. 2993-2017 - Amending Kenai Municipal Code Chapter 14.25-Landscaping/Site
Plan Regulations, to Require Landscaping and Site Plans for All Retention Basins,
Commercial, Industrial and Multifamily Development and Land Clearing in Certain Zones in
the City and Making other Material and Housekeeping Changes. (Postponed to February 7,
2018)
INFORMATION ITEMS
Purchase Orders between $2,500 and $15,000 for Council Review
Purchase Orders between $2,500 - $15,000.pdf
N.ADJOURNMENT
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.
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Board of Directors Report to our Stakeholders
From John Williams, President of the Board, Representing the City of Kenai
COOK INLET REGIONAL CITIZENS ADVISORY COUNCIL
November 30/December 1, 2017 Board of Directors Meeting
Anchorage, Alaska
The CIRCAC Board of Directors met in Anchorage on November 30 and December 1, to wrap up what
has been a busy and productive year. Among the guests and guest speakers were: Captain Sean
MacKenzie, Lt. Jon Dale, and Lt. David Parker, US Coast Guard; Graham Wood (Ex Officio), Dan Allard
and Shannon Miller, Alaska Department of Environmental Conservation (ADEC); Lori Nelson and Rich
Novcaski, Hilcorp and Harvest Alaska; Bart Buesseler, NOAA Coast Survey; Dick Prentki, Environmental
Monitoring Committee; Tim Robertson, Nuka Research; Capt. John Schneider, Andeavor Maritime; Larry
Burgess, BlueCrest Energy Alaska; CIRCAC Attorney Kristine Schmidt; and Ex Officio Directors Jason
Walsh, State Pipeline Coordinator’s Office; Jonathan Schick, Department of Natural Resources; and
Heather Crowley, Bureau of Ocean Energy Management.
Pictured (back row from left) Walt Sonen, City of Seldovia; Exec. Director Mike Munger, Paul Shadura, Commercial Fishing;
(second row from left) Board President John Williams, City of Kenai; Gary Fandrei, Aquaculture Associations; Bob Flint,
Recreation; (third row from left) V. President Robert Peterkin II, Tourism; Deric Marcorelle, Environmental; Molly
McCammon, Municipality of Anchorage; (front row) Rob Lindsey, City of Kodiak; Carla Stanley, City of Homer. Not pictured:
Grace Merkes, Kenai Peninsula Borough; Kyle Crow, Kodiak Island Borough; and Michael Opheim, Alaska Natives.
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Presentations
The first day’s agenda included presentations from Harvest Alaska, Nuka Research, Andeavor (f ormerly
Tesoro Alaska), BlueCrest Energy and from CIRCAC’s Director of Operations on CIRCAC’s self-arrest
study, all of which are posted online and summarized below. On Friday, the Board heard from Capt.
Sean MacKenzie and Jason Walsh and received updates from the President, Executive Director and Staff.
Harvest Alaska Cross Inlet Pipeline Extension Project
Harvest Alaska Vice President, Rich Novcaski, provided a
detailed update of the project to date. Converting the Cook
Inlet Gas Gathering System (CIGGS) A line from gas to crude
oil has been the biggest concern and he discussed what this
conversion entails. He also expounded on the leak detection
system and upgrades on all Alaska lines, the status of the
regulatory review and schedule, and said the State Pipeline
Office will hold a public hearing in Nikiski in February 2018.
He explained that on the West Side of Cook Inlet, the
pipeline will be assembled and welded together in mile-long
sections and winched into place by offshore barge. At East
Forelands, eight miles of pipeline staging and work are planned for January 2018. Harvest Alaska
anticipates the project will be complete in late summer or early fall 2018, with oil pumping by the fall. In
2019, Hilcorp will work to minimize the Drift River Terminal’s inventory and clean the tank s with the
intent to dismantle them; however, details are still being worked out along with plans to deal with soil
remediation and contaminated soils that have already been stockpiled at the facility from past projects.
Prompted by the Executive Director, Mr. Novcaski elaborated on repairs and what steps have been
taken to beef up corrosion protection and subsea stability issues that are commonplace in Cook Inlet’s
dynamic environment.
Cook Inlet Pipeline Risk Assessment, Phase 1
Mr. Munger introduced Tim Robertson of NUKA Research and updated the board on project funding,
including $50000 from CIRCAC’s PROPS Committee as well as grant opportunities which are being
pursued. Mr. Robertson described the project’s overall goals and scope, which does not include
commercial gas lines, gas distribution or refined product lines. The overall risk assessment is being
conducted through a Task Force, led by the Pipeline Hazards Management Safety Administration
(PHMSA). CIRCAC is a member of the Task Force, along with the
US Environmental Protection Agency, US Fish and Wildlife Service,
US Coast Guard, National Marine Fisheries Service, and Alaska
Departments of Fish and Game and Natural Resources. Although
Phase 1 of the project was anticipated to be finished by
December, Mr. Robertson said it was within 80-90% complete and
will have to incorporate the new line under construction by
Harvest Alaska, as well as PHMSA regulatory information. The new
target date for completion is February 2018. Mr. Robertson
Rich Novcaski, Vice President of
Harvest Alaska
Tim Robertson, Nuka Research
6
suggested that the Council consider ways to keep the assessment and recommendations updated into
the future.
CIRCAC Tanker Self-Arrest Study
CIRCAC Director of Operations, Steve “Vinnie” Catalano
explained that CIRCAC’s PROPS Committee launched a study
on the feasibility of successful crude oil tank vessel self -
arrest (in the event of loss of propulsion) in Lower Cook Inlet.
The Cook Inlet Navigation Risk Assessment contained a study
that self-arrest was not a viable risk reduction option,
findings which were challenged by experienced Cook Inlet
pilots who have successfully self-arrested vessels in Cook
Inlet and routinely employ “the art of anchoring” to help
control vessel movement while mooring. Based on focus
group recommendations, thirty-four simulations were designed and conducted at the AVTEC Marine
Training Center in Seward. Among the statements of agreement is that self-arrest is a viable mitigation
procedure with capable and properly trained pilots; however, other mariners should be properly trained
to ensure a successful outcome. The PROPS Committee recommended that the Cook Inlet Navigation
Risk Assessment be updated to reflect the study and to further recommend that local pilots should
participate in self-arrest training.
Andeavor Simulator Training
Mr. Munger summarized how CIRCAC engaged Andeavor about
the Vessel Self -Arrest study’s findings and how Andeavor took
that opportunity to incorporate AVTEC training and CIRCAC’s
findings into training their f leet. Captain John Schneider reported
that the Andeavor Foundation has donated $95000 to AVTEC to
upgrade software and plans to donate another $95000 in 2018.
Mr. Munger indicated CIRCAC’s intentions to incorporate
simulator training as a best practice through CIRCAC’s
membership on the Harbor Safety Committee. He praised
Andeavor for its forward thinking.
BlueCrest Energy Alaska -Larry Burgess, Alaska Manager,
presented an update on their Cosmopolitan operations near
Anchor Point and spoke candidly about challenges, set-backs,
and successes with new wells. He said that r ight now, offshore
drilling is off the table and would only be considered to a gas
cap which, at the moment, is not economic due to state policy.
BlueCrest is currently trying to ascertain why their new well,
H14, is not performing to expected production rates. Their plan
forward is to drill another well in 2018 the success of which will Vice President Robert Peterkin II (left)
and President John Williams
CIRCAC Director of Operations Steve
'Vinnie" Catalano
Captain John Schneider, Andeavor
7
dictate next steps. Mr. Munger commended Mr. Burgess for the forthright nature of his presentation to
the Board.
Public and Ex Officio Comments
Capt. Sean MacKenzie, Captain of the Port of Alaska, commended CIRCAC for the organization’s level of
effort and commitment, and projects that have significantly helped Cook Inlet and surrounding areas. He
praised the AVTEC simulator training and credited CIRCAC for being the genesis and major contributor to
the success of the Cook Inlet Navigational Risk Assessment which recommended the Harbor Safety
Committee and self-arrest study as risk reduction measures. He complimented both CIRCAC and
Andeavor for the well-executed drill exercise in Nikiski in November. At Mr. Munger’s request, the
Captain provided his impressions of AVTEC’s simulator as a state of the art, top notch simulation. He
said Andeavor’s commitment to making this training an annual event and a standard operating
procedure is huge; but it is a quantum leap forward in preparedness . He also referenced the winter ice
guidelines meeting.
Jason Walsh, DNR State Pipeline Coordinator, shared information on the status of Harvest’s
applications for the subsea pipeline, and the PHMSA Pipeline Task F orce. He said the lack of information
about Cook Inlet pipelines has to do with when and how they were put in prior to 1975 law. He noted
that because Hilcorp/Harvest is converting the CIGGS line from gas to oil they have to receive DNR
authorization; DNR will conduct a preliminary review before the lines go into operation.
Related Activities—Dispersants Use Plan for Alaska
Sue Saupe, CIRCAC Director of Science and Research, provided an update on the status of proposed
avoidance areas in the preauthorized zone of the Dispersant Use Plan for Alaska. Prior to its revision
published in January 2016, this plan had not been updated since 1989. A two -year window in which to
incorporate avoidance areas in the plan closes in January 2018. Ms. Saupe described the process for
public outreach, CIRCAC’s comments and presentation to a technical committee of the Alaska Regional
Response Team (ARRT), and the recommendations of that team to the ARRT based on all public
comments. She described what happens after a spill, the short window of time to make decisions to use
or not use dispersants, and the tradeoffs of those decisions to various ecosystem components. The final
decision on Avoidance Areas in the Preauthorized Zone will be published by the ARRT in January 2018.
Reports from the Executive Committee, Executive Director, and Programs and Projects
Highlights
Executive Committee—Board President John Williams reported that the Executive Committee met
twice since the September meeting and reviewed the 2017 financial documents, proposed policy
amendments (adopted), the proposed 2018 operating and program budgets (adopted), a legal matter
which was considered in Executive Session, and the 2018 meeting schedule. Mr. Williams expressed
appreciation to the Prince William Sound RCAC for hosting Science Night and the Volunteer Reception
and Dinner and requested a letter of thanks be sent. CIRCAC was among five well-received and
informative presentations at Science Night.
8
2018 Council Meeting calendar: Friday, April 6 Regular and Annual Meeting (Kenai), Friday, September 7
(Kodiak), Thursday, November 29 and Friday, November 30 (Anchorage)
Executive Director’s Report
Mr. Munger provided CIRCAC’s year-end review. Among the highlights:
Progress on the Cook Inlet Pipeline Infrastructure Assessment;
CIRCAC’s support for the Cross-Inlet Pipeline and decommissioning of Drift River Oil Termina l;
New members to the Tourism Stakeholder Seat, including the Homer, Soldotna, Kodiak and
Kenai Chambers of Commerce that now join the Alaska State Chamber and Kenai Peninsula
Tourism Marketing Council;
Progress of the Harbor Safety Committee, the approved Harbor Safety Plan and the US Coast
Guard’s plans to shift the ice guidelines to the Committee
while retaining signatory authority;
Mr. Munger also highlighted the great strides CIRCAC continues to
make in environmental monitoring, scientific research and
comments. CIRCAC is also working to complete data analysis for
Alaska Peninsula ShoreZone aerial and shore station surveys and
compiling twenty years of contaminant and oceanographic data for
integration in online data and other portals.
Programs and Projects Highlights
EMC—staff also noted Andeavor’s commitment to the drill
exercise. Prior to the drill, Andeavor requested that their
Environmental Team be provided an overview of Cook Inlet’s complex oceanography and habitats and
receive training on how to access ShoreZone habitat data and imagery and other data layers on the
Cook Inlet Response Tool (CIRT), the on-line data portal developed by CIRCAC and the Alaska Ocean
Observing System. The subsequent incorporation of this information and on-line data tools into the
actual drill scenario proved the value of CIRCAC’s efforts to provide easier access to and integration of
disparate data sets for better oil spill planning and response. Staff also reported on efforts to compile
CIRCAC historical and recent data on Cook Inlet’s oceanography and background contaminant levels to
provide them for on-line access and visualization. The earlier presentation by Ms. Saupe on Alaska’s
Dispersants Use Plan elicited many questions, and staff offered to brief Board members further o n the
subject.
Protocol Control and PROPS—Staff updated the Board on comments concerning contingency plans
reviewed since September (all of which are posted online) and elaborated on its participation in
Andeavor’s drill planning and development and how CIRCAC’s staff was integrated throughout the
Incident Command System, which included providing recommendations and concerns to the Unified
Command (Executive Director), Environmental Unit (Director of Science and Research), Joint Information
Center (Director of Public Outreach), and Truth/Control Unit (Director of Operations).
CIRCAC Executive Director Mike
Munger and Prince William Sound's
Executive Director Donna Schantz
enjoying Science Night
9
Public Outreach—in November, CIRCAC exhibited at the Pacific Marine Expo in Seattle which reported
more than 14,000 visitors and participants. The event is the largest of its kind on the West Coast and
opportunities for public exposure to Alaskans and Alaska groups were considerable. CIRCAC will next
participate in the Alaska Marine Science Symposium, Kodiak ComFish Expo, Kenai Fair , and Industry
Appreciation Day.
Administration—CIRCAC will begin our recertification process soon. We are continuing to actively
recruit new tourism organizations for membership, and to promote our 2018 Scholarship Program to
students in environmental sciences and maritime studies, beginning in January. The next seats up for
election are the Commercial Fishing Group and Aquaculture Associations representatives; the Cities of
Homer, Kenai, and Kodiak are due to expire, as well.
The CIRCAC Board of Directors next meets in Kenai on April 6, 2018 for its Regular and Annual meeting s.
For more information, call 907-283-7222 or visit www.circac.org.
Cook Inlet Regional Citizens Advisory Council
Representing citizens in promoting environmentally safe marine
transportation and oil facility operations in Cook Inlet.
www.circac.org
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1/5/2018 CIRCAC studying pipeline leaks I Peninsula Clarion
(/)
15
Posted January 2, 201810:11 pm -Updated January 3, 2018 12:06 pm
By BEN BOETTGER (/authors/ben-boettger)
Peninsula Clarion
CIRCAC studying pipeline leaks
http ://peninsulaclarion.com/news/2018-01-02/circac-studying-pipeline-leaks 1/8
12
1/5/2018 CIRCAC studying pipeline leaks I Peninsula Clarion
In April 2017 Hilcorp's Bruce Platform, pictured here, was shut in along with its neighboring p latform
Anna after the later re leased a sheen from its flaring system that turned out to be roughly three gallons
of natural gas condensate. The incident was one of the 2017 hydrocarbon leaks from Cook Inlet's aging
platforms and pipelines that prompted the Cook Inlet Regional Citizens Advisory Council to begin an
overview of Cook Inlet oil and gas infrastructure, leading to recommendations for preventing future
leaks. (Photo courtesy of Ground Truth Trekking .)
After 2017 began with a natural gas leak in Cook Inlet, local spill prevention experts are
preparing a comprehensive look at Cook Inlet's aging oil and natural gas pipeline
infrastructure. The Cook Inlet Regional Citizen's Advisory Council {CIRCA() is now wrapping
up a pair of reports surveying regional pipelines and the state and federal authorities that
oversee them, and is planning to follow with a historical record of leaks and responses,
leading ultimately to a set of recommendations from industry and government experts
about how to reduce the risk of future leaks.
Researcher Tim Robertson of Seldovia-based
environmental consultancy Nuka Research and
Planning Group, whom CIRCAC commissioned
to carry out the initial studies, described the
Cook Inlet Pipeline Infrastructure Assessment as
"a win-win sort of thing."
"Everyone has the same goal making sure the
infrastructure is in good shape and continues
operating to the future and there's no
environmental damage from it, and it helps the
economy," Robertson said. " ... There's been great support from the indu stry and from the
agencies both. It does not seem to be controversial, at least so far."
According to preliminary research that Nuka presented to CIRCAC in September,
{http://www.circac.org/wp-content/uploads/171129-CIRCAC-BOD-Pipeline-Study-
Presentation-v2.pdf#page=12) structural or mechanical failures caused 80 percent of the
88 spills in Cook Inlet since 2001. One prominent example began in late 2016 or early 2017,
when friction against a sharp rock on the Cook Inlet seafloor created a leak in a SO-year-old
underwater pipeline that carr ies natural gas fuel to Hilcorp's four Middle Ground Shoal
platforms, about 5 miles northwest of Nikiski.
SEE ALSO
http://peni nsulac larion .com/news/2018-01-0 2/circac-study ing-pipeline-leaks 2/8
13
1/5/2018 C IRCAC studying pi pe line le aks I Peninsula Clarion
What's your New Year's Resolution? (http://peninsulaclarion.com/local/news/2017-12-
31 /what-s-your-new-year-s-resolution)
It is what it is: Trad ition! (http://peninsulaclarion.com/community/2017-12-31/it-what-it-
tradition)
When Hilcorp reported the leak to the Alaska Department of Environmental
Conservation in February (http://peninsulaclarion.com/news/2017-02-16/hilcorp-gas-
pipeline-leaking-cook-inlet), it was releasing between 210,000 to 310,000 cubic feet per
day of methane - a gas with an atmospheric warming effect up to 35 times greater than
carbon dioxide, according to the U.S Environmental Protection Agency.
(https://www.epa.gov/ghgemissions/understanding-global-warming-potentials) Ice cover
on the inlet prevented the leak from being repaired for three months. The pipeline had
leaked on at least two previous occasions from similar causes.
The Middle Ground Shoal platforms are among the oldest in Cook Inlet -Shell installed
Platform A, the leaking pipe's destination, in 1964. According to Cl RCA C's website, 14 of
Cook Inlet's 16 platforms were installed between 1964 and 1968.
At least two other pipeline and platform hydrocarbon leaks followed in 2017 -on April 1
Hilcorp shut down its Anna Platform (http://peninsulaclarion.com/news/local/2017-04-
02/hilcorp-platform-leaking-oil-cook-inlet) after its flaring system released a sheen which
turned out to be about three gallons of natural gas condensate. In August, a burst hose on
Hilcorp's Steelhead Platform released two hund r ed gallons of oil-based drilling fluid
{http://peninsulaclarion.com/loca l/news/2017-08-12/dri !ling-fluid-released-hi lcorp-
platform), which was contained in the platform.
Soon after Hilcorp-contracted divers repa ired the Middle Ground Shoal leak in April,
CIRCAC got permission from the Kenai Peninsula Borough Assembly
(http://peninsulaclarion.com/news/local/2017-04-19/circac-state-evaluate-old-pipelines-
cook-inlet) to use $15,494 left over from a previous borough grant to study Cook Inlet's
pipelines .
CIRCAC is a group of thirteen voting members represent ing local governments and
interest groups including tourism, recreation, commerical fishing, aquaculture, and Alaska
Natives . It was created by U.S congressional legislation after the 1989 Exxon Valdez o il spill,
with the mission of making recommendat ions to prevent and respond to future spills.
http ://peninsulaclarion .c om/news/201 8-0 1-02/circa c-stud ying-pipeli ne-leaks 3/8
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1/5 /2018 CIRCAC studying pi peline leaks I Peninsula Clarion
Robertson said the pipeline assessment project has three phases: first, a regulatory
overview of the state and federal agencies that oversee pipeline safety and an inventory of
Cook Inlet's pipelines, then a historical analysis of their leaks, and finally a set of prevention
recommendations.
The inventory -which Robertson said "is essentially maps, and an associated
spreadsheet" -will include the names and locations of pipelines, the material and
volumes they carry, their record of leaks, and how the leaks were detected. Robertson said
Nuka is nearly finished compiling the inventory, and afterward will present it to Cook Inlet's
pipeline operators for fact-checking.
"Indications are that they're willing to cooperate and do that," Robertson said. The
inventory will be public after the validation, though Robertson didn't know how long that
may be.
The regulatory overview is likewise being fact-checked by government regulators, including
the Alaska Department of Environmental Conservation and the federal Pipeline and
Hazardous Materials Safety Administration, and will later become public on CIRCAC's
website .
The next report -phase two of the Pipeline Infrastructure Assessment -will be a
historical record of pipeline spills in Cook Inlet, compiled from Alaska Department of
Environmental Conservation records, which Robertson said are "very rough."
"We know that there were 88 spills associated with this infrastructure from 2000 forward,
but it's very difficult from that database to tell what actually leaked, and why it leaked,"
Robertson said. "So we'll be doing in-depth investigation into all the loss-of-integrity events
we can find . And we'll be going through (Alaska Department of Environmental
Conservation)'s actual filing system instead of their database, and pulling out their case
files and studying those, then engaging with the operators."
That study will allow CIRCAC to look at the variables of pipeline systems : types of corrosion
protection and leak detection, steel type and thickness, locations and causes of leaks,
responses to leaks, and "general overall changes in policy, equipment, and procedure that
resulted," Robertson said.
By analyzing this information, Robertson said he hopes to get some idea of best pipeline
management practices, and whether they are being followed in Cook Inlet. Those ideas will
be refined in the project's third phase, when Robertson plans to present the compiled
information to a panel of experts -specialists in corrosion, pipeline operation,
http://peninsulaclarion.com/news/2018-01--0 2/circac-studying-pipeline-leaks 4/8
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1/5/2018 CIRCAC studying pipeline leaks I Peninsula Clarion
construction, and leak detection -who he said will be given "an opportunity to engage
with operators, the public, and then they will deliberate and come up with a set of
recommendations for risk reduction measures going forward, to hopefully make sure the
infrastructure is safe and useful into the future."
Nuka plans to have the recommendations developed sometime in 2018 or 2019, according
to the November presentation to CIRCAC. This phase of the project is currently unfunded.
The historical study of leaks is also unfunded, though in August 2017 CIRCAC applied for a
grant from the federal Pipeline Hazardous Materials Safety Commission.
Reach Ben Boettger at ben.boettger@peninsulaclarion.com.
Topics
Cook Inlet (/cook-inlet)
Cook Inlet Regional Citizens Advisory Council (/cook-inlet-regional-citizens-advisory-council)
oil and gas (foil-and-gas) pipeline spill (/pipeline-spill)
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KENAI PENINSULA
2017 PROJECT HOMELESS CONNECT
REPORT
No one deserves to lose hope
16
2 | Page
The Homeless Action Coalition is proud to report on the Kenai Peninsula’s 6th Annual Project
Homeless Connect event held at the Soldotna Sport’s Center on January 24, 2017. Our success
is due to the collaborative effort between service providers, the private sector, volunteers, and
the community members.
A special thank-you to the following:
Event Co-Chairs: Kathy Gensel & Frank Alioto
Publicity: Jodi Stuart
Food: Mary Lambe
Logistics: Marta Czarnezki
Volunteers: Beth Selby & Linda Barclay
Provider Services: Leslie Rohr
Fundraising: Kathy Gensel & Marta Czarnezki
Transportation: Marta Czarnezki & Frank Alioto
Donations: Jamie Chadburn, Charlene Tautfest & Melissa Kline
Vendors and individuals providing services to homeless individuals (33):
ABC Pregnancy Care Center (7) Kenai Peninsula Foundation
AK Salon/Sinshearly (42) Kenai Peninsula Massage Therapy (24)
Akeela (29) Kenai Public Health (38)
Alaska Housing Finance Corp. (29) Kenai Vet Center (27)
Bishop’s Attic Kenai Vocational Rehab (30)
Change 4 the Kenai Kenaitze Indian Tribe (39)
CICADA KPBSD Students in Transition (20)
Debra Allen - Barber Love Inc. (31)
Dept. of Labor (18) Lions Club (27)
Division of Public Assistance (14) Mary Huhndorf – Veterinarian services
Elisha Chenault - Haircuts Narcotics Anonymous (11)
Family Medical (10) Peninsula Community Health Services (38)
Food Bank of Alaska (16) Priceless Kenai/Soldotna (12)
Freedom House Soldotna Public Library
GCI (34) Social Security Administration (19)
Independent Living Center (25) The LeeShore Center (TLC-34 / CCAP-18)
Kenai Peninsula College (21)
**Numbers in parenthesis represents participants utilizing those particular services
Demographics of Population Served
One hundred thirty-two (132) individuals participated in the PHC event (a 7% increase in
participation from prior year). The total household number based on participant input was
203. There were a total of 10 pets accompanying participants during the event (9 dogs & 1 cat).
A total of 54% reported this was their first time participating in the Kenai Peninsula Project
Homeless Connect event.
17
3 | Page
Gender
Age
Frequency Percent
Less than 18 0 0
18 - 24 9 7%
25 - 44 52 40%
45 – 64+ 69 52%
Data not collected 2 1%
Total 132 100%
Race
Frequency Percent
American Indian / AK Native 33 25%
Black / African American 0 0
Hawaiian/Pacific Islander 1 1%
White 95 72%
Hispanic 0 0
Asian 1 1%
Multiple 0 0
Data Not Collected 2 1%
Total 132 100%
Ethnicity
Hispanic or Latino 4 (3%)
Non-Hispanic or Latino 121 (92%)
Data not collected 7 (5%)
Total 132
Frequency Percent
Male 74 56%
Female 58 44%
Total 132 100%
18
4 | Page
Household Type
Adult Household (no children) 99 (75%)
Household w/adults & children 30 (23%)
Household w/only youth 0
Data not collected 3 (2%)
Total 132 (100%)
Head of Household
Self 103 (78%)
Head of household’s spouse/partner 13 (10%)
Head of household’s child 1 (1%)
Other relation member 6 (4%)
Non-relation member 8 (6%)
Data not collected 1 (1%)
Total 132 (100%)
Health Insurance
Frequency Percent
Yes 102 77%
No 18 14%
Data not collected 12 9%
Total 132 100%
Conditions Affecting Housing Retention
Frequency Percent
Alcohol Abuse 13 19%
Drug Abuse 20 29%
Developmental Disability 6 9%
HIV / AIDS 0 0
Mental Illness 27 39%
Physical Disability 33 49%
**Percentages above based on 70 individuals who disclosed one or more conditions affecting
ability to retain housing.
19
5 | Page
Income Received Last 30 Days
Frequency Percent
Alimony/Spousal Support 0 0
TANF 7 8%
Child Support 3 4%
Earned Income 24 29%
General Assistance 24 29%
Pension/Retirement 0 0
Private Disability Insurance 0 0
SSDI (Disability) 16 19%
SSI (Supplemental) 11 13%
Retirement from SSI 3 4%
Unemployment 4 6%
VA Service Disability
Compensation
5 6%
VA Non-Service Disability
Compensation
0 0
Worker’s Compensation 0 0
Other 20 24%
No Income 24 29%
**Percentages are based on 84 individuals who responded with one or more income source
Victim of Domestic Violence
Frequency Percent
Yes 45 34%
No 80 61%
Data not collected 7 5%
Total 132 100%
If Yes to Above, Fleeing Domestic Violence
Frequency Percent
Yes 14 31%
No 29 64%
Data not collected 2 5%
Total 45 100%
20
6 | Page
Primary & Secondary Alaska Regional Corp.
Frequency Percent
Ahtna Corp. 0 0
Aleut Corp. 1 1%
Arctic Slope Regional 0 0
Bering Straits 1 1%
Bristol Bay Native Corp. 5 4%
Calista Corp. 2 1%
Chugach Alaska Corp. 0 0
Cook Inlet Regional 8 6%
Doyon Limited Corp. 4 3%
Koniag Incorp. 0 0
NANA Regional 2 1%
Sealaska 0 0
13th Regional Corp. 0 0
Descendant BIA 0 0
Goldbelt 0 0
Other 6 5%
N/A 97 73%
Refused/not collected or
don’t know
6 5%
Total 132 100%
Slept Prior Night
Frequency Percent
Category 1:
Place not habitable 21 16%
Emergency Shelter 6 5%
Category 2:
Foster Care / Group Home 0 0
Jail/Prison, Juvenile Facilty 1 1%
Psychiatric Hospital / Facility 0 0
Hospital 0 0
Long-term care/nursing
home
0 0
Substance Abuse TX Center 2 1%
Category 3:
Hotel 0 0
21
7 | Page
PH for Formerly Homeless 3 2%
Rental – no subsidy 18 14%
Rental – subsidy 11 8%
Halfway house 3 2%
Staying w/friends, family 32 24%
Owned – no subsidy 14 11%
Owned - subsidy 1 1%
Transitional Housing 8 6%
Data not collected / NA 12 9%
Total 132 100%
Duration of Homelessness
Category 1:
One night or less
Two to six nights 1 (1%)
One week or more (less than 1 month) 4 (3%)
One month or more (less 90 days) 6 (4%)
90 days or more (less than 1 year) 7 (5%)
One year or more 7 (5%)
Data not collected 1 (1%)
Category 2:
One night or less 1 (1%)
Two to six nights
One week or more (less than 1 month)
One month or more (less 90 days) 1 (1%)
One year or more
Data not collected 1 (1%)
Category 3:
One night or less 4 (3%)
Two to six nights 4 (3%)
One week or more (less than 1 month) 2 (1%)
One month or more (less 90 days) 10 (8%)
90 days or more (less than 1 year) 14 (11%)
One year or more 10 (8%)
Data not collected 59 (44%)
22
8 | Page
Homeless Episodes – Past 3 Years
1 Time 37 (28%)
2 Times 11 (8%)
3 Times 12 (9%)
4 or More 40 (30%)
Client Doesn’t Know / Refused 0
N/A 32 (25%)
Total 132 (100%)
Total Number of Months Homeless in past 3 years
1 – 3 months 29 (22%)
4 – 6 months 19 (14%)
7 – 11 months 9 (7%)
12 or more months 43 (33%)
Doesn’t Know / Refused 1 (1%)
N/A 31 (23%)
Total 132 (100%)
Eviction Notice Received This Month
Frequency Percent
Yes 8 6%
No 108 82%
Data not collected 16 12%
Total 132 100%
U.S. Military Veteran
Frequency Percent
Yes 18 14%
No 110 83%
Data not collected 4 3%
Total 132 100%
23
9 | Page
Prior Project Homeless Connect Events Attended
Frequency Percent
1st Time (0 prior) 71 54%
1Time 19 14%
2 Times 10 8%
3 Times 1 1%
4 Times 1 1%
5 Times 1 1%
6 Times 0 0
Data not collected 29 21%
Total 132 100%
Supplemental Questions (based on input from 89 individuals)
Number of Individuals in Household
Age 18 and Over 144
Age 17 an Under 59
Total 203
Primary Reason for Homelessness
Frequency Percent
Loss of Job 31 35%
Work hours cut 6 7%
Rent / Utility Increase 5 6%
New to Community 3 3%
Violation of Lease/Rules 0 0
Illness / Injury 7 8%
Substance Abuse / MH 6 7%
Domestic Violence 11 12%
Household Member Dispute 3 3%
Aged out Foster Care 0 0
Jail / Prison Release 1 1%
Treatment Center Release 1 1%
Loss of Partner/ Roommate 1 1%
**Other (see below) 16 18%
**Other includes: lost income source, landlord selling home, dispute with landlord, fire, death
in family, inability to pay monthly bills, divorce, eviction
24
10 | Page
Form of Transportation
Frequency Percent
Own Vehicle 43 49%
Friend/Family Member 20 23%
Public Transport 1 1%
Taxi 4 4%
Walk / Ride Bike 9 10%
Hitchhike 8 9%
Data not collected 4 4%
Total 89 100%
Use Bus Route System if Available
Frequency Percent
Daily 51 57%
Weekly 25 28%
Monthly 5 6%
Seldom 2 2%
Never 6 7%
Total 89 100%
What would you like to see improved in present Public Transportation System:
• Something better than CARTS – less window time for waiting
• Have bus system that contributes to each community 3x’s day
• Anything would be better
• There is none; if there were would like to see it reach out to other areas such as Kasilof
• Reduce cost of CARTS
• More organized public transport
• Designated route
• Wheelchair rides
• Make affordable – CARTS is not
• Shuttle from town to town
• Similar to Anchorage bus system
• CARTS is worthless – need bus system with major stops between Soldotna and Kenai
• CARTS too expensive, not accessible
• Affordable transportation to Nikiski
• Expansion
• CARTS needs to travel on weekends
• Homeless friendly, employ homeless
• Mini buses on routes on a donation system
25
11 | Page
Participant Exit Evaluations = 86 out of 89 individuals (97%)
Scale 1 - 5
1 (Low) 2 3 4 5 (High)
The event
was helpful
to me
2 (2%) 2 (2%) 8 (9%) 73 (86%)
NA = 1 (1%)
I felt
respected
and
supported
1 (1%) 6 (7%) 79 (92%)
My
knowledge of
community
resources &
services
increased
3 (3%) 6 (7%) 11 (13%) 64 (75%)
NA = 2 (2%)
I traveled
less to obtain
services&
saved time
2 (2%) 68 (79%)
**NA = 16
(19%)
** Individuals either had own transportation to event or did not provide input to question #4.
Comments:
• Companion was awesome
• Flyers – transportation not clear
• We need a bus system
• Community needs community transportation
• Employer interviews (oil co., etc.) to explain what they’re looking for
• Homeless shelter
• Emergency shelters and housing w/out church
• Bus service including handicapped, more activities, need ID service
• More service
• Affordable housing, emergency shelter for men
• Men’s shelter needed
• Excellent event – everyone very kind and friendly
• Amazing – transportation information
• More than one day event
• Community needs more low income housing
26
12 | Page
• Change 4 the Kenai – interested in participating
• Need this 2x’s a year – would like more resources for disabled
• Really appreciate one stop shop
• Community needs heating assistance
• Better community transportation option – better shelter options
• Would like a bus service
• Gas vouchers for today
• Need larger venue
• Need more emergency shelter / housing
• Transportation need – like everyone being in one place
• Dog is happy too
• Keep up the good work
• Very, very happy!
• Change “intake” to “check in”
• Ecstatic – feel better than when I got here
• All good!
• Community transportation from Nikiski to Kenai
• Great list of resources
• Bus system – women shelter w/out DV
• Vocational, job corp., local employers
• HUD should be here
• Overgrowing our space
• Food was great
• Add manicures
• Transportation help
27
13 | Page
Our gratitude and thanks to all the volunteers, vendors, and donors who helped make this
event possible!
VOLUNTEERS
Agnes Nunn Harold Jackson Mary Bell
Allen Auxier Jamie Chadburn Mary Lambe
Andy Knapp Jeanne Acton Melissa Kline
Angela Pavlik Jenna Barry Michelle Blackwell
Ashley Blatchford Jenna Thomas Michelle Lesagoniez
BarbaraNorbeck Jerry Rombach Pat Wendt
Beth Selby Jodi Stuart Patty Eissler
Bobbi Stelljes Joy Connor Peggy Rogers
Brent Hibbert Karen Martin-Tichenor Rick Oelrich
Catherine DeLacee Kasey Vienna Robin Barry
Catie Kline Kate Veh Rose Clement
Charlene Tautfest Kathy Gensel Sally Oelrich
Cheri Smith Ken Acton Sharon Isaak
Cheryl Smith LeeAnne Crafton Sherra Pritchard
Chris Erwin Leslie Rohr Sherry Martinovich
Cindy Rombach Linda Barclay Susan Olson
December Shugak Lindsey Anasogak Terry Davis
Dorothy Cunningham Margene Andrus Tina Minster
Elizabeth Kleweno Mariya Miller Tony Cloud
Frank Alioto Marta Czarnezki Traci Gonzalez
Gigi Rogers Marti Slater
28
14 | Page
IN-KIND DONATIONS
5 Star Realty Kenaitze Indian Tribe
Acapulco Lambe, Tuter, & Wagoner
Alaska’s Best Water Log Cabin Liquor
Alaska Cab Love Inc.
Alaska Christian College Lynette Haas
Alaska 1st Realty M & M Market
Amy Milburn Mama’s Wilderness BBQ
Arby’s Mariya Miller
Barely Threaded Quilting Mary Green
Bishop’s Attic McDonalds
Board of Realtors Melissa Kline
Brooklyn Chadburn & Ministry of the Living Stone
Sterling Young Women’s Beehive Group Monica Brown
Bub’s Pizza Monique Danley
CSACS, LLC Nancy Russell
Cadre Feed Northern Sales Co.
Catie Kline Odom Distributing
Central Peninsula Hospital (CPH) Payless Shoes
CPH Employees Peninsula Community Health Services (PCHS)
Century 21 Realty PCHS Dental
Charlene Tautfest Pat Wendt
Coke Peninsula Dog Obedience
Country Foods Peninsula Spay & Neuter
Crane Realty Pepsi
Dr. Davidhizar, Family Medical Center Peterkin Distributing
Dr. Zoubek, Ninilchik Family Denistry Phil Smith
Diane Wallace Pizza Boys
Everything Bagels Redoubt Realty
Fine Thyme Residential Mortgage
Fred Meyer Robert Martinez
Frontier Community Services Ron Moore Realty
Gama Design Safeway
Jack White Realty Salvation Army
Joy Connor Save U More
Kaladi Brothers Coffee Skyview Middle School Student Council
Karen Lowry Soldotna Church of God
Kasey Vienna Soldotna Realty
Kasilof Community Church/Pastor Jim Walsh Soldotna United Methodist Church
Kathy Wartinbee Sterling Cake Lady – Karen Otter
Kenai Fire Department Sterling Community Center
Kenai Peninsula Food Bank Tesoro
Kenai Peninsula Journey Home Trustworthy Hardware
Kenai Peninsula Quilters Veronica’s Cafe
Kenai Peninsula Realtor’s Association Three Bears
Kenai Public Health Wash & Dry - Kenai
Kenai River Brown Bears Wash & Dry - Soldotna
KSRM Radio
29
15 | Page
CASH DONATIONS
Alaska Housing Finance Corp. Kenai Peninsula Foundation
Anonymous Kenai Peninsula Builders Association
City of Kenai Mini Grant Redoubt Realty
ConocoPhillips Grant Skyview Middle School Student Council
Debra Reynolds Tesoro Foundation
GCI VFW Ladies Auxiliary - Soldotna
We sincerely apologize if we have missed any donor or volunteer
Endnote: Data was secured through the PHC event held on January 24, 2017 and the annual
Point-In-Time Count (PIT). A total of 89 individuals attended the PHC event and 43 individuals
were counted through PIT outreach efforts.
30
Kenai Peninsula Project
Homeless Connect
Brought to you in partnership with the Kenai Peninsula Continuum of Care and the Kenai Peninsula Project Homeless Connect Sub-committee
Speakers: Kathy Gensel-Steering Project Chair, Frank Alioto-Co-Chair & Jodi Stuart-PR Chair
31
What is Project Homeless
Connect (PHC)?
One-day: a community-wide event
One-stop: housing, support, and quality
of life resources
One-goal: ending homelessness
City/county or community-led
Consumer-centric
Outcome-oriented
32
What are the Key
Characteristics of
Project Homeless
Connect?
Hospitality: Consumers as
Welcomed Guests
Immediacy: Same-Day
Results for Consumers
Community: Voluntary
Civic Participation
Partnership: Across
Agencies and Sectors
Excellence: Rigorous
Evaluation and
Improvement
33
The Ten Essential
Elements of
Project Homeless
Connect
1.Political / Civic Will
2.Partnership
3.Event Execution
4.Planning Team
5.Site Selection
6.Volunteers
7.Resources
8.Consumer Engagement
9. Media
10. Data and Results 34
Mayor and borough official leadership integrates PHC into jurisdictionally-
led, community-based 10-Year Plan activities.
Jurisdictional leaders and community stakeholders involved in 10-Year
Plans activities are a natural connection and foundation and:
Re-prioritize local government resources
Hasten creation of community partnerships
Catalyze media interest
Connect provider agencies operating in silos
Mobilize corporate / local business resources
Political / Civic Will
35
Political / Civic
Will: Best Practices
in Leadership
San Francisco Mayor created
the first PHC by taking city
staff and programs from City
Hall to where homeless
consumers live.
Jurisdictions adopted PHC to
support 10-Year Plan
activities that reduce and
end homelessness.
Lead PHC sponsors now
include universities,
businesses, communities,
faith groups, and
professional sports teams.
As is the case in the development of
10-Year Plans, partnership of the
public and private sectors is essential.
They offer complementary resources
and access.
Government partners include:
1.City agencies
2.County agencies
3.State agencies
4.Federal agencies
36
Services Provided
Massage Therapy
Hair Cuts
Veterinarian Services
Housing Services
Medical Services
Food/Food Pantry
Job Services
Eye care
Vet Services
Substance Use Disorder Services
Public Assistance
Phone Services
Showers/Laundery Services
37
Kenai Peninsula Project Homeless
Connect Data 2015 & 2016
2015 Data
48% increase in participation
over 2014
189 individuals impacted by
PHC
74% currently were
experiencing homelessness
47% experience alcohol
abuse, developmental
disability, drug use, HIV/AIDS,
mental health issues, physical
disabilities
30% of participants stated
they were homeless due to
loss of job
2016 Data
38% increase in participation over 2015
213 individuals impacted by PHC
76% currently were experiencing homelessness
46% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities
22% of participants stated they were homeless due to loss of job
38
2017 Data
7% increase in participation over 2016
203 individuals impacted by PHC
58% currently were experiencing homelessness
48% experience alcohol abuse, developmental disability, drug use, HIV/AIDS, mental health issues, physical disabilities
35% of participants stated they were homeless due to loss of job
1% of participants stated
they were homeless due
to jail/prison release
12% of participants
stated they were
homeless due to
domestic violance
7% of participants stated
they were homeless due
to substance use
disorders/mental health
concerns
14% were US Military
Veterans
39
Thank you for allowing us to
speak today.
At Project Homeless Connect, we
believe that no one deserves to
lose hope.
Questions?
40
41
Sponsored by: Administration
ilreei!J ef,
KENAI, ALASKA
"V/
CITY OF KENAI
ORDINANCE NO. 2995-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A FEDERAL GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY
SERVICES (IMLS) PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE
TRAVEL AND TRAINING.
WHEREAS , the Kenai Community Library has received a $1,250 grant from the IMLS passed
through the Alaska State Library travel expenses of a staff member to attend the 2018 Alaska
Library Association Conference to be held in Anchorage; and,
WHEREAS , it is in the best interest of the City of Kenai to accept and appropriate these grant
funds for the purpose intended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ,
ALASKA, as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $ 1,250
from IMLS passed through Alaska State Library for travel expenses of a staff member to attend
the 2018 Alaska Library Association Conference and to execute grant agreements and to e xpend
the grant funds to fulfill the purpose and intent of this ordinance.
Section 2. That estimated revenues and appropriations be increased as follows :
General Fund
Increase Estimated Revenues :
Library -Federal Grants $1 ,250
Increase Appropriations:
Library -Travel & Transportation $1 ,250
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 jurisdictio n , such
judgment shall be confined in its operation to the part, provision, or application directly in vol ved
in all controversy in which this judgment shall have been rendered , and shall not affect o r impair
the validity of the remainder of this title or application thereof to other persons or circu mstances.
The City Council hereby declares that it would have ena cted the remainder of thi s ord inance even
without such part, provision, or application .
Section 4. Effective Date : That pursuant to KMC 1.15 .0?0 (f ), this ordinance shall take effect
upon adoption.
New T ext Underlin ed; [D ELE TED TEXT BRACKETE D]
42
Ordinance No. 2995-2018
Page 2 of 2
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of Janua ry,
2018.
ATTEST:
Jamie Heinz , City Clerk
Approved by F ina n c e ~
BRIAN GABRIEL SR., MAYOR
Introd uced: Jan uary 3, 2018
Enacted : Janua ry 17 , 2018
Effective: January 17, 2018
New Text Underlined ; [DELETED TE XT BRACKETED]
43
''(!;fl~ «1/t/t, a Pa~~ Ct'tf «1/t/t, 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 'Pc::::> ,
Mary Jo Joiner
December 6 , 2017
Ordinance 2995-2018 -Continuing Education G ra nt fo r Library
The Alaska State Library receives funds from the Institute of Museum and Library
Services (IMLS) to pay for continu ing education grants. These travel funds allow staff
members to attend a continuing education workshop or conference. These funds can be
spent on travel , lodging, per diem and registration expenses.
This year James Adcox has been awarded funds ($1,250) to attend the Alaska Library
Association Conference to be held in Anchorage , Alaska in March 2018. This ordinance
will appropriate the $1,250 grant to allow Mr. Adcox to attend the conference.
Your consideration is appreciated.
44
THE STATE
01ALASKA
GOVERNOR BILL W ALKBR
December S, 2017
James Adcox
Kenai Community Library
163 Main Street Loop
Kenai, AK 99611
Dear James,
Department of Education &
Early Development
DMSION OF LIBRARIES, ARCHIVES & MUS EUMS
Alaska State Library
395 Whittier Street
Jun eou. Alaska 99801
M a in : 90 7.465-2911
Fa x: 907.465-21 51
Congratulations! The State Library has reviewed your FY2018 continuing education application and has
a·warded Federal funds in the amourit of up to $1,250.00 to reimburse your attendance at the Alaska
Library Conference held in Ancho~ge, Alaska on March 8-11, 2018. We. are delighted that your library
will receive thfs grant.
The State Library uses federal funds received from the Institute of Museum and Library Services (IMLS)
to pay for continuing education grants. Please read the second page in this pa_cket carefully. In order to
use IMLS funds to reimburse your continuing education costs, you must attend at least one training
session that falls under the topics listed on that form .
Once you have completed your continuing education, you m1,Jst submit the grant reimbursement form,
any required receipts, and your final report abOut the training you attended. These forms are available
at http://library.state.ak.us/dev/grants.html. .You must submit a final report form in order to be
reimbursed.
If you have questions or need more information, please call me at 907-465-2916. Once again,
congratulations and good luck with your continuin~ education .
Sincerely,
Julie Niederhauser
Continuing Education Coordinator
JN/paf
45
SPECIAL NOTICE FOR
CONTINUING EDUCATION GRANT RECIPIENT
Please be aware that you should attend training on AT LEAST ONE of the topics listed below. If you
attended a conference using this grant, you will also be asked to supply a list of every training
workshop or session that you attended. This form is included in the grant final report and
reimbursement packet you will submit as the final step in this CE grant process. You can take this form
with you and use it as a checklist during the conference .
1. Did you receive any TRAINING on the following topics? Check ALL that apply.
Library Technology, Connectivity, and Services
_ Automating library catalogs
_ Community infonnation centers
_ Computer hardware or software
_Digitizing library collections
_ GIS (geographic infonnation systems)
_Interlibrary loan
Internet skills
_Negotiating licenses for commercial databases
_Networking computers
_Retrospective conversion of library catalogs
_Technical training in library computers proirams
_Videoconferencing equipment and connections
_Other library technology topics:-----------------
Services for Lifelong Learning
24-7 Online reference services
_ After school programs
_Babies and books programs
_Computer literacy training
_ English as a second language
_Homework help services
_Information literacy training
__ Library program development techniques
_ Literacy for children, adults, and families
Online and distance education
_ Summer reading programs
_Other lifelong learning topics:------------------
Services to People Who Have Difficulty Using Libraries
_ Assistive technologies and devices
Bookmobiles
_ Computer van services
Outreach services
-Prison and jail library services
46
_ Services for migrant workers or non-English speakers
_ Services to nursing homes and other institutions
_ Services to people with physical or learning disabilities
_ Talking book services
_Other topics on serving special populations of patrons: ---------
47
iheeity tJf.
KENAI, ALASKA
~
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2996-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING A
BUDGET TRANSFERS IN THE PUBLIC SAFETY IMPROVEMENTS CAPITAL PROJECT FUND
AND THE ANIMAL CONTROL FACILITY IMPROVEMENTS CAPITAL PROJECT FUND FOR
THE TRANSFER OF REMAINING BALANCES FROM COMPLETED CAPITAL PROJECTS TO
THE CITY DOCK REPAIR CAPITAL PROJECT FUND AND APPROPRIAT ING SUCH
TRANSFERS AND INSURANCE PROCEEDS RECEIVED FROM THE CITY'S INSURER TO
COMPLETE REPAIRS TO DAMAGE SUSTAINED FROM THE MAGNITUDE 7.1, JANUARY
2016 SOUTHCENTRAL ALASKA EARTHQUAKE AND FOR THE INSTALLATION OF A NEW
CATHODIC PROTECTION SYSTEM AND OTHER REPAIRS .
WHEREAS , $106,422 of funds originally transferred from the General Fund remains in two
completed capital projects ; and ,
WHEREAS , the completed capital projects include the following:
; and ,
Publi c Safety Building boiler replacement -c ompleted
Animal Control Facility k ennel recoating -completed
$103,468 .26
2.95 3 .74
$106.42 2.00
WHEREAS, budget transfers are needed to transfer available balances to the City's Do ck Repair
Capital Project Fund for facility repairs and installation of a new cathodic protection s ystem ; and ,
WHEREAS, repa irs re lated to the magnitude 7 .1, January 2016 Sou t hcentra l Ala sk a ea rt hq ua ke
w ill be cov ered by insurance proceeds to be received from the Cit y's in sure r, A las ka Pub lic Enti ty
Insurance except for the City's $25 ,000 deductible.
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA ,
as follows :
Section 1. Tha t the follow ing bu dget transfers be a utho rized:
Public Safety Building Capital Project Fund
Buildings
Construction
Charges To (From) Other Departments
Transfer to Cit y Dock Capital Project Fund
New Text Unde rlined; [DELETED TEXT BRAC KE TED]
($91 ,0 33.10)
(17,578 .27 )
5 ,143.11
103 ,468 .26
$ 0 .00
48
Ordinance No. 2996-2018
Page 2 of 2
Animal Control Facility Improvements Capital Project Fund
Construction
Transfer to City Dock Capital Project Fund
($2,953 .74)
2,953.74
$ 0.00
Section 2. That the estimated revenues and appropriations be inc reased as follows:
City Dock Repair Capital Project Fund
Increase Estimated Revenues:
Transfer from other Funds
Restitution
Increase Appropriations:
Construction
$106,422.00
153,317.00
$259.739.00
$259 .739 .00
Section 3. Severability: That if any part or provision of this ord inance or applicatio n 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 ordi nance even
without such part, provision, or application.
Section 4. Effective Date : That pursuant to KMC 1.15.0 ?0(f), this ordinance shall take effect
upon adoption .
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2018.
ATTEST:
Jamie Heinz, City Clerk
Approved by Finance : LL-
BRIAN GABRIEL SR., MAYOR
Introduced : January 3, 2018
Enacted: January 17, 2018
Effecti ve: January 17, 2018
49
"0flate «1/t/i a PaJ>~ 0t"t? «1/t/z, 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 Managef"?c? .
Sean Wedemeyer, Public Works Director/Cap ital Projects Manager >N
December 26, 2017
Ordinance 2996-2018 -Funding a Boating Facility (Dock) Proj ect
This purpose of this memo is to recommend adoption of an ordinance funding a project at the
Kenai Boating Fa ci lity, also referred to as the Dock.
On January 24, 2016 there was a magnitude 7.1 earthquake centered approximately 162 mi les
from Anchorage, and 65 miles from Homer. An inspection of the concrete dock structures
revealed there was damage as a result of the earthquake. A claim was opened with our
insurance company, and a contract awarded for design of repairs.
Cathodic protection (CP) is a technique used to co ntrol the corrosion of a metal surface . Every
year we test the level of protection provided at our water reservoirs , a sewer line near the end of
South Spruce , and at the dock. Test results from two distinct consultants in the past two years
indicate that the existing system is not providing adequate levels of cathodic protection to the
dock piles. There are signs of active corrosion on the piles . The cont ra ct to design the earthquake
repairs included the design of a new CP system.
Both the earthquake damage and CP projects wi ll share a number of project elements including
mobilization , demobilization, USACE permitting, and accessing the underside of the dock via
scaffolding or alternate method . Combining these projects will result in significant overall savings
compared to executing them separately.
Than k you for your consideration .
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Legal
CITY OF KENAI
ORDINANCE NO. 2997-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.330 - STANDARD FOR COMMERCIAL MARIJUANA
ESTABLISHMENTS, FOR PURPOSES OF CONSISTENCY WITH THE CITY’S LAND USE
TABLE.
WHEREAS, on January 20, 2016, the Council enacted Ordinance No. 2870-2016, creating
standards and zoning requirements for commercial marijuana establishments in Kenai; and,
WHEREAS, Ordinance 2870-2016 created both a new section of code, KMC 14.20.330, and
amended the City’s existing Land Use Table, KMC 14.22.010; and,
WHEREAS, during the Council’s consideration of the Ordinance on January 20, 2016, more than
20 motions to amend the legislation were made; and,
WHEREAS, several motions amending the Land Use Table were approved without
complementary motions needed to KMC 14.30.330 for purposes of consistency; and,
WHEREAS, these motions included permitting marijuana testing facilities in certain zones, and
amending where other types of commercial marijuana establishments were allowed with
conditional use permits; and,
WHEREAS, it is in the best interest of the City to amend KMC 14.20.330 consistent with the intent
of Council’s approved amendment motions and the Land Use Table.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 14.20.330 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.330 – Standards for Commercial Marijuana Establishments, is
hereby amended as follows:
The purpose of this Section is to establish general standards for Commercial Marijuana
Establishments.
(a) [A] Commercial Marijuana Establishments [SHALL] may be permitted or [ONLY BE]
allowed with a Conditional Use Permit under Kenai Municipal Code Section 14.20.150, as
provided in the City of Kenai’s Land Use Table, Kenai Municipal Code 14.22.010, and the
provisions of this section.
(b) Applicants applying for a Conditional Use Permit must include an area map drawn to
scale indicating all land uses on other properties within a 500-foot proximity of the lot upon
which the applicant is seeking a Conditional Use Permit. This shall be in additional to the
50
Ordinance No. 2997-2018
Page 2 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
Conditional Use Permit submission requirements in Kenai Municipal Code Section
14.20.150.
(c) A Public Hearing shall be scheduled before the Planning and Zoning Commission to
review the Conditional Use Permit application once it has been deemed complete. The Public
Hearing shall be scheduled in accordance with the requirements in Kenai Municipal Code
Section 14.20.280, except that notification shall be mailed to all real property owners on
record on the Borough Assessor’s records within a five hundred (500) foot periphery of the
parcel affected by the proposed action.
(d) The preparation, packaging, manufacturing, processing or storing of all Marijuana,
Marijuana Concentrate or Marijuana Products must be conducted within a fully enclosed
secure indoor facility. The growing and cultivating of marijuana must be conducted within a
fully enclosed, secure indoor facility or greenhouse with view obscuring rigid walls, a roof
and doors, unless a non-rigid greenhouse, or other structure is specifically approved, in
which case the cultivation must be enclosed by a sight obscuring wall or fence at least six
feet high.
(e) All Commercial Marijuana Establishments shall not emit an odor that is detectable by
the public from outside the Commercial Marijuana Establishment.
(f) No portion of a parcel upon which any Commercial Marijuana Establishment is located
shall be permitted within the following buffer distances:
(1) 1,000 feet of any primary and secondary schools (K-12) and 500 feet of any
vocational programs, post-secondary schools including but not limited to trade,
technical, or vocational schools, colleges and universities, recreation or youth centers,
correctional facilities, churches, and state licensed substance abuse treatment facilities
providing substance abuse treatment; and,
(2) Buffer distances shall be measured as the closest distance from the perimeter of
a stand-alone commercial marijuana establishment structure to the outer boundaries of
the school, recreation or youth center, or the main public entrance of a church,
correctional facility, or a substance abuse treatment facility providing substance abuse
treatment. If the commercial marijuana establishment occupies only a portion of a
structure, buffer distances are measured as the closest distance from the perimeter of
the closest interior wall segregating the commercial marijuana establishment from other
uses, or available uses in the structure, or an exterior wall if closer, to the outer
boundaries of the school, recreation or youth center, or the main public entrance of a
church or correctional facility, a substance abuse treatment facility providing substance
abuse treatment.
[(G) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION, NO PERSON OR
LICENSEE MAY CONSTRUCT, BUILD, OPERATE OR OTHERWISE DEVELOP A
COMMERCIAL MARIJUANA ESTABLISHMENT ON ANY PARCEL ZONED: RURAL
RESIDENTIAL (RR), RURAL RESIDENTIAL-1 (RR-1), SUBURBAN RESIDENTIAL (RS),
SUBURBAN RESIDENTIAL-1 (RS-1), SUBURBAN RESIDENTIAL-2 (RS-2), URBAN
RESIDENTIAL (RU), TOWNSITE HISTORIC (TSH), CONSERVATION (C), RECREATION
(R), CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC), EDUCATION ZONE
(ED) OR CENTRAL MIXED USE (CMU).]
51
Ordinance No. 2997-2018
Page 2 of 3
New Text Underlined; [DELETED TEXT BRACKETED]
[(H) A PERSON OR LICENSEE MAY APPLY FOR A CONDITIONAL USE PERMIT TO
ALLOW FOR THE CONSTRUCTION AND OPERATING OF A MARIJUANA TESTING
FACILITY IN THE CENTRAL COMMERCIAL (CC), GENERAL COMMERCIAL (GC) OR
CENTRAL MIXED USE (CMU) ZONES.]
([I]g) A person or licensee may apply for a Conditional Use Permit to allow for a Marijuana
Cultivation Facility, Standard on lots of forty thousand (40,000) square feet or greater in size,
and a Marijuana Cultivation Facility, Limited on any size lot. [IN THE FOLLOWING ZONES:
RURAL RESIDENTIAL (RR), RURAL RESIDENTIAL-1 (RR-1), SUBURBAN RESIDENTIAL
(RS), SUBURBAN RESIDENTIAL-1 (RS-1), SUBURBAN RESIDENTIAL-2 (RS-2), URBAN
RESIDENTIAL (RU), OR LIMITED COMMERCIAL (LC).]
([J]h) A Marijuana Cultivation Facility, Standard, or a Marijuana Cultivation Facility,
Limited, shall only be allowed on a lot which has an existing structure consistent with a
principal permitted use.
([K]k) A Marijuana Cultivation Facility located in an Accessory Building shall be subject to
the setback provisions in Kenai Municipal Code Section 14.24.020 – Development
Requirements Table. A Person or Licensee seeking relief from the provisions in the
Development Requirements Table may apply for a Variance subject to the provisions of
Kenai Municipal Code Section 14.20.180.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. 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 17th day of January,
2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, City Clerk
Introduced: January 3, 2018
Enacted: January 17, 2018
Effective: February 16, 2018
52
53
'Vtfl~ t<J/th a Pa.f~ Ct'tj t<J/th a h.tfl.l"e "
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-75351 Fax: (907) 283-3014
www.kenai .city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai 2~ Council
City Attorney, Scott M. Bloom tJ
January 3, 2018
Standards for Commercial Marijuana Establishments/Ordinance No . 2997-
2018
Ordinance No. 2997-2018 sponsored by the City Attorney removes conflicting code provisions
between KMC 14 .20.330-Standards for Commercial Marijuana Establishments , and KMC
14.22.010-Land Use Table, consistent with the intent of the City Council. Kenai Mun icipal Code
14.20.330 was enacted , and KMC 14.22 .010 was amended , by Ordinance 2870-2016 at the
Council's regular meeting on January 20, 2016 which created the City's first standards and
zoning requirements for commercial marijuana establishments . During Council's consideration
of the Ordinance on January 20, 2016 over 20 amendments were made. A few of the
amendments made to the Land Use Table were approved without needed complimentary
amendments to KMC 14.20 .330.
The following is a summary of three approved amendments to the Land Use Table on January
20, 2016, and conflicting provisions in KMC 14.20 .330 :
14.22.010 Land Use Table 14.20.330 -Standards
Permitting testing facilities in certain Industrial 14.20 .330(a) requires all marijuana
establishments have a conditional use Zones oermit
Allowing marijuana establishments in General 14.20.330(g) prohibits establishments
Commercial Zone with conditional use permit. in General Commercial Zone
Allowing retail establishments in Central Mixed Use 14.20.330(g) prohibits establishments
Zone in Central Mixed Use Zone
The recording and attached minutes of the meeting clearly show that the Council intended to allow
commercial marijuana establishments in certain zones either as permitted on conditional uses as
reflected in the Land Use Table , and KMC 14.20.330 should be amended to be consistent with
the Land Use Table.
54
Page 2 of 2
Standard for Commercial Marijuana Establishments/Ordinance No. 2997-2018
Ordinance 2997-2018 as proposed makes the necessary changes and additional changes ,
removing zoning prohibitions and delegations from KMC 14.20 .330 in an effort to avoid similar
issues in the future caused by having the same information in two places in the code .
The sponsor does not recommend referral of this ordinance to the Planning and Zoning
Commission because it is only intended to address issues that have already been decided by the
City Council with prior input from the Planning and Zoning Commission .
Your consideration is appreciated.
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration and Legal
CITY OF KENAI
ORDINANCE NO. 2998-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING,
RENAMING AND RE-ENACTING KENAI MUNICIPAL CODE CHAPTER 21.10-LEASING OF
AIRPORT RESERVE LANDS TO ENCOURAGE GROWTH, DEVELOPMENT AND A THRIVING
AVIATION COMMUNITY THROUGH RESPONSIBLE LAND POLICIES AND PRACTICES.
WHEREAS, the City’s leasing program within the airport reserve has failed to accomplish the
City’s goals of encouraging growth and development of the airport within the last several years;
and,
WHEREAS, what few new leases that have been executed within the airport reserve have all
deviated from the City’s existing code; and,
WHEREAS, the city manager’s office, the finance director, airport manager, planner and legal
department have worked together with consultants and reached out to airport leaseholders, users
and financiers for input into improving the City’s airport reserve leasing program; and,
WHEREAS, the working group has reviewed other airport leasing programs inside Alaska and in
other states, and the recommended program will provide a competitive environment to encourage
leasing within the airport reserve in compliance with FAA regulations and deed restrictions; and,
WHEREAS, many of the changes are focused on encouraging new leases through a more
competitive development schedule and incentives, reducing appeals and conflict between the City
and lessees, providing a defined process for beginning, renewing, extending and ending leases,
balancing encouragement of new business with security for existing leaseholders, and providing
an improved mechanism for rent adjustments; and,
WHEREAS, this ordinance will provide an opportunity for existing leaseholders to convert to a
new lease; and,
WHEREAS, the Planning and Zoning Commission at its meeting of January 10, 2018
recommended ______________; and,
WHEREAS, the Airport Commission at its meeting of January 11, 2018 recommended
______________.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Repeal and Reenactment of the Kenai Municipal Code: That Kenai Municipal
Code, Chapter 21.10 –Leasing of Airport Reserve Lands, is hereby Repealed in its entirety and
Re-enacted as follows:
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Ordinance No. 2998-2018
Page 2 of 26
New Text Underlined; [DELETED TEXT BRACKETED]
[21.10.010 AIRPORT RESERVE LAND.
(A) THIS CHAPTER APPLIES TO AIRPORT-OWNED LAND WITHIN THE AIRPORT
RESERVE.
(B) THE PROVISIONS OF THIS CHAPTER SHALL NOT ALTER OR AMEND THE
TERMS OR RIGHTS GRANTED UNDER LEASES EXISTING PRIOR TO THE EFFECTIVE
DATE OF THIS CHAPTER.
(C) PENDING LEASE APPLICATIONS FOR AIRPORT LAND FILED PRIOR TO THE
EFFECTIVE DATE OF THIS CHAPTER SHALL BE PROCESSED AND ISSUED UNDER
THE PROVISIONS OF KMC TITLES 21 AND 22 IN EXISTENCE IMMEDIATELY PRIOR TO
THE EFFECTIVE DATE OF THIS CHAPTER. OTHERWISE THE PROVISIONS OF THIS
CHAPTER SHALL APPLY. (ORD. 2180-2006)
21.10.020 LANDS AVAILABLE FOR LEASING.
(A) SUBJECT TO THE PROVISIONS OF THIS CHAPTER, CITY-OWNED LAND WITHIN
THE AIRPORT RESERVE MAY BE LEASED AS PROVIDED IN THIS CHAPTER UNLESS
THE LAND IS IDENTIFIED IN THE LATEST FEDERAL AVIATION ADMINISTRATION-
APPROVED AIRPORT LAYOUT PLAN FOR THE AIRPORT OR IN THE LATEST AIRPORT
LAND USE PLAN AS BEING REQUIRED FOR THE OPERATION OR SAFETY OF THE
AIRPORT, OR FOR THE CONSTRUCTION, PRESERVATION, FUTURE
CONSTRUCTION, OR FUTURE EXPANSION OF FACILITIES ON THE AIRPORT,
INCLUDING:
(1) RUNWAYS, RUNWAY SAFETY AREAS, TAXIWAYS, APRONS, WATER
LANES, WATER TAXIWAYS, AND OTHER AIRCRAFT OPERATIONAL AREAS;
(2) ACCESS ROADS, PUBLIC STREETS, PARKING LOTS, AND OTHER
FACILITIES FOR USE BY MOTOR VEHICLES; AND
(3) PUBLIC TERMINAL BUILDINGS.
(B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION:
(1) APRON SPACE MAY BE LEASED, BUT ONLY FOR AIRCRAFT FUELING,
LOADING, UNLOADING, PARKING AND MANEUVERING PURPOSES; AND
(2) LAND REQUIRED FOR THE FUTURE CONSTRUCTION OR FUTURE
EXPANSION OF AIRPORT FACILITIES:
(I) MAY BE LEASED FOR AN INTERIM PERIOD NOT EXTENDING BEYOND
THE DATE ON WHICH THE CITY MANAGER DETERMINES THE LAND WILL
BE REQUIRED FOR THE CONSTRUCTION OR EXPANSION, BUT
(II) MAY NOT BE LEASED IF THE CITY MANAGER DETERMINES THAT
GRANTING THE LEASE W OULD INTERFERE WITH, OR JEOPARDIZE, THE
SAFE OPERATION OF THE AIRPORT. (ORD. 2180-2006)
21.10.030 QUALIFICATIONS OF APPLICANTS OR BIDDERS.
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Ordinance No. 2998-2018
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AN APPLICANT OR BIDDER FOR A LEASE IS QUALIFIED IF THE APPLICANT OR
BIDDER:
(A) IS AN INDIVIDUAL AT LEAST EIGHTEEN (18) YEARS OF AGE;
(B) IS A GROUP, ASSOCIATION, OR CORPORATION WHICH IS AUTHORIZED TO
CONDUCT BUSINESS UNDER THE LAWS OF ALASKA; OR
(C) IS ACTING AS AN AGENT FOR ANOTHER AND HAS QUALIFIED BY FILING WITH
THE CITY MANAGER A PROPER POWER OF ATTORNEY OR A LETTER OF
AUTHORIZATION CREATING SUCH AGENCY. THE AGENT SHALL REPRESENT ONLY
ONE (1) PRINCIPAL TO THE EXCLUSION OF HIMSELF OR HERSELF. THE TERM
“AGENT” INCLUDES REAL ESTATE BROKERS AND AGENTS. (ORD. 2180-2006)
21.10.040 APPLICATIONS.
(A) ALL APPLICATIONS FOR LEASE OF LANDS SHALL BE SUBMITTED TO THE CITY
MANAGER ON FORMS PROVIDED BY THE CITY MANAGER, TOGETHER WITH THE
NON-REFUNDABLE FILING FEE AND ANY APPLICABLE DEPOSIT REQUIRED UNDER
KMC 21.10.050. THE CITY MANAGER SHALL NOT ACCEPT AN APPLICATION THAT
THE MANAGER DETERMINES TO BE INCOMPLETE. UPON RECEIPT OF A COMPLETE
APPLICATION, FILING FEE, AND ANY APPLICABLE DEPOSIT, THE CITY MANAGER
SHALL CAUSE THE APPLICATION TO BE STAMPED W ITH THE DATE AND TIME OF
ITS RECEIPT.
(B) WITH EVERY APPLICATION, THE APPLICANT SHALL SUBMIT:
(1) A DEVELOPMENT PLAN, SHOWING AND STATING:
(I) THE PURPOSE OF THE PROPOSED LEASE,
(II) THE USE, NATURE, PROPOSED LOCATION ON THE PREMISES, AND
ESTIMATED COST OF IMPROVEMENTS TO BE CONSTRUCTED,
(III) THE TYPE OF CONSTRUCTION,
(IV) THE ANTICIPATED CONSTRUCTION BEGINNING AND COMPLETION
DATES (ORDINARILY TW O (2) YEARS), AND
(V) WHETHER THE INTENDED USE AND PROPOSED DEVELOPMENT
CONFORMS WITH THE:
(A) ZONING ORDINANCE OF THE CITY,
(B) COMPREHENSIVE PLAN OF THE CITY,
(C) LATEST FEDERAL AVIATION ADMINISTRATION-APPROVED
AIRPORT LAYOUT PLAN FOR THE AIRPORT, AND
(D) THE LATEST AIRPORT LAND USE PLAN;
(2) A BUSINESS PLAN, IF THE APPLICANT PROPOSES TO OPERATE A
BUSINESS ON THE PROPOSED PREMISES. THE PLAN MUST INCLUDE:
(I) A COMPREHENSIVE DESCRIPTION OF THE PROPOSED BUSINESS,
(II) THE NUMBER OF PEOPLE THE APPLICANT EXPECTS TO EMPLOY IN
THE BUSINESS DURING ITS FIRST FULL YEAR OF OPERATION;
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Ordinance No. 2998-2018
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(3) A SITE PLAN, IF THE LAND THE APPLICANT DESIRES TO LEASE IS NOT A
PLATTED LOT OR TRACT. THE SITE PLAN MUST SHOW THE LOCATION AND
DIMENSIONS OF THE PROPOSED LEASE SITE, BUT NEED NOT BE PREPARED
BY AN ENGINEER OR SURVEYOR; AND
(4) A KPB TAX COMPLIANCE CERTIFICATE AND STATEMENT THAT THE
APPLICANT IS CURRENT WITH ANY CHARGES, FEES, RENTS, TAXES OR OTHER
SUMS DUE AND PAYABLE TO THE CITY.
(C) ANYTIME DURING THE PROCESSING OF A LEASE APPLICATION, THE CITY
MANAGER MAY REQUEST, AND THE APPLICANT SHALL SUPPLY, ANY
CLARIFICATION OR ADDITIONAL INFORMATION THAT THE CITY MANAGER
REASONABLY DETERMINES IS NECESSARY FOR THE CITY TO MAKE A FINAL
DECISION ON THE APPLICATION. (ORD. 2180-2006)
21.10.050 FILING FEE AND DEPOSIT.
(A) WHEN SUBMITTING AN APPLICATION FOR LEASE OF LAND, THE APPLICANT
SHALL PAY THE CITY THE FOLLOWING AS SET FORTH IN THE CITY’S SCHEDULE OF
FEES ADOPTED BY THE CITY COUNCIL:
(1) PAY A NON-REFUNDABLE FILING FEE; AND
(2) A DEPOSIT TO SHOW GOOD FAITH AND SECURE THE CITY IN PAYMENT
OF ANY COSTS, INCLUDING:
(A) AN APPRAISAL COST RECOVERY DEPOSIT, AND
(B) AN ENGINEERING, SURVEYING AND CONSULTING COST RECOVERY
DEPOSIT.
(B) IF THE CIT Y DECIDES TO REJECT THE APPLICANT’S APPLICATION AND NOT
ENTER INTO A LEASE WITH THE APPLICANT THROUGH NO FAULT OF THE
APPLICANT OR FAILURE OF THE APPLICANT TO COMPLY WITH ANY REQUIREMENT
OF THIS CHAPTER, ANY DEPOSIT MADE UNDER SUBSECTION (A)(2) OF THIS
SECTION SHALL BE RETURNED TO THE APPLICANT.
(C) IF THE CITY ENTERS INTO A LEASE WITH THE APPLICANT ANY DEPOSIT MADE
BY THE APPLICANT UNDER SUBSECTION (A) OF THIS SECTION WILL BE APPLIED
TO THE CITY’S ENGINEERING, APPRAISAL, AND CONSULTING COSTS RELATED TO
THE PROCESSING OF THE APPLICANT’S APPLICATION AND ENTERING INTO THE
LEASE. THE CITY WILL APPLY ANY UNUSED BALANCE OF A DEPOSIT TO THE RENT
PAYABLE UNDER THE LEASE. IF THE CITY’S COSTS EXCEED THE AMOUNT OF ANY
DEPOSIT, THE APPLICANT SHALL PAY THE SHORTAGE TO THE CITY AS A
CONDITION OF THE LEASE.
(D) IF THE APPLICANT FAILS TO COMPLY WITH ANY REQUIREMENT OF THIS
CHAPTER, CAUSES INORDINATE DELAY, AS DETERMINED BY THE CITY MANAGER,
OR REFUSES TO SIGN A LEASE OFFERED TO THE APPLICANT, THE CITY MANAGER
WILL REJECT THE APPLICANT’S APPLICATION AND APPLY ANY DEPOSIT MADE BY
THE APPLICANT UNDER SUBSECTION (A) OF THIS SECTION TO THE CITY’S
APPRAISAL, ENGINEERING, AND CONSULTING COSTS INCURRED IN CONNECTION
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Ordinance No. 2998-2018
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New Text Underlined; [DELETED TEXT BRACKETED]
WITH THE APPLICANT’S APPLICATION. IF THE CITY’S COSTS FOR APPRAISAL,
ENGINEERING AND CONSULTING COSTS EXCEED THE DEPOSITS, THE APPLICANT
WILL BE RESPONSIBLE FOR THESE COSTS. THE CITY WILL RETURN ANY UNUSED
DEPOSIT BALANCE TO THE APPLICANT. (ORDS. 2180-2006, 2528-2011)
21.10.060 NO RIGHT OF OCCUPANCY—APPLICATION EXPIRATION.
(A) SUBMITTING AN APPLICATION FOR A LEASE DOES NOT GIVE THE APPLICANT
A RIGHT TO LEASE OR USE THE LAND REQUESTED IN THE APPLICATION.
(B) IF THE CITY DOES NOT REJECT THE APPLICATION, AN APPLICATION SHALL
EXPIRE ON THE EARLIER OF THE FOLLOWING:
(1) TWELVE (12) MONTHS AFTER THE DATE STAMPED ON THE APPLICATION
UNDER KMC 21.10.040(A) IF THE CITY AND THE APPLICANT HAVE NOT, BY THAT
TIME, ENTERED INTO A LEASE, UNLESS THE COUNCIL FOR GOOD CAUSE
GRANTS AN EXTENSION FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS; OR
(2) THE DEADLINE DATE ESTABLISHED UNDER KMC 21.10.140, INCLUDING
ANY EXTENSION OF TIME GRANTED THEREUNDER. (ORD. 2180-2006)
21.10.070 APPLICATION PROCESSING PROCEDURE.
(A) INITIAL APPLICATION REVIEW BY:
(1) ASSISTANT TO THE CITY MANAGER (FOR APPLICATION COMPLETENESS;
CONFORMANCE WITH TITLE 21);
(2) AIRPORT MANAGER (FOR CONFORMANCE WITH THE AIRPORT LAND USE
PLAN, AIRPORT LAYOUT PLAN, AIRPORT MASTER PLAN, FAA REGULATIONS,
AIP GRANT ASSURANCES, AND AIRPORT OPERATIONS);
(3) CITY PLANNER (FOR CONFORMANCE WITH THE AIRPORT LAND USE
PLAN, COMPREHENSIVE PLAN, MUNICIPAL ZONING, AND FUTURE AIRPORT
IMPROVEMENT PROJECTS); AND
(4) CITY MANAGER (FOR ADEQUACY OF THE APPLICANT’S BUSINESS PLAN
AND CONSTRUCTION FINANCING PLANS).
(B) THE ABOVE STAFF SHALL PRESENT TO THE CITY MANAGER THEIR JOINT
RECOMMENDATION FOR ACTION ON THE APPLICATION, SUCH AS REJECTION,
APPROVAL, OR APPROVAL OF A STAFF ALTERNATIVE.
(C) IF THE CITY MANAGER CONCURS WITH THE STAFF RECOMMENDATION, THE
MANAGER WILL:
(1) ISSUE A REJECTION LETTER, STATING THE REASONS FOR REJECTION;
OR
(2) REFER THE APPLICATION TO THE AIRPORT COMMISSION AND THE
PLANNING AND ZONING COMMISSION FOR REVIEW AND COMMENT,
TOGETHER WITH THE MANAGER’S RECOMMENDATION FOR APPROVAL OR
APPROVAL OF THE STAFF ALTERNATIVE; AND
(3) INFORM THE CITY COUNCIL OF THE MANAGER’S RECOMMENDATION.
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Ordinance No. 2998-2018
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(D) IF THE CITY MANAGER REFERS THE APPLICATION TO THE COMMISSIONS,
THE CITY MANAGER WILL CONSIDER THE RECOMMENDATIONS OF THE
COMMISSIONS, AND:
(1) ISSUE A REJECTION LETTER, STATING THE REASONS FOR REJECTION;
OR
(2) APPROVE THE APPLICATION OR STAFF ALTERNATIVE, AND DIRECT THE
STAFF TO ISSUE THE LEASE; AND
(3) INFORM THE CITY COUNCIL OF THE MANAGER’S DECISION TO APPROVE
OR REJECT THE APPLICATION; OR
(4) OBTAIN THE CITY COUNCIL’S CONCURRENCE IF THE MANAGER’S
DECISION TO APPROVE OR REJECT THE APPLICATION IS CONTRARY TO THE
RECOMMENDATIONS OF THE COMMISSIONS.
(E) AN APPLICANT WHOSE APPLICATION IS REJECTED BY THE CITY MANAGER
MAY APPEAL TO THE CITY COUNCIL WITHIN FIFTEEN (15) DAYS FOLLOWING THE
DATE ON WHICH THE MANAGER’S REJECTION LETTER WAS HAND DELIVERED OR
PLACED IN THE U.S. MAIL.
(F) IF ANOTHER COMPLETE AND OTHERWISE APPROVABLE APPLICATION FOR
LEASE OF THE SAME PROPERTY IS SUBMITTED BY A DIFFERENT APPLICANT
BEFORE THE CITY MANAGER ENTERS INTO A LEASE WITH THE FIRST APPLICANT,
THE CITY MANAGER WILL FORWARD THE APPLICATIONS, THE MANAGER’S
RECOMMENDATION AND THE COMMISSIONS’ RECOMMENDATIONS TO THE CITY
COUNCIL FOR APPROVAL OF THE APPLICATION ANTICIPATED TO BEST SERVE THE
INTERESTS OF THE CITY. THE COUNCIL MAY APPROVE ONE OF THE APPLICATIONS
OR DIRECT THE CITY MANAGER TO AWARD A LEASE OF THE PROPERTY BY
SEALED BID.
(G) GROUNDS FOR THE CITY MANAGER TO REJECT AN APPLICATION INCLUDE:
(1) THE APPLICANT’S FAILURE TO PROVIDE ANY CLARIFICATION OR
INFORMATION REQUIRED UNDER THIS CHAPTER;
(2) THE APPLICANT’S PROPOSED DEVELOPMENT OR USE OF THE LAND IS
INCONSISTENT WITH:
(A) THE ZONING ORDINANCE OF THE CITY,
(B) THE COMPREHENSIVE PLAN OF THE CITY,
(C) THE LATEST FEDERAL AVIATION ADMINISTRATION-APPROVED
AIRPORT LAYOUT PLAN FOR THE AIRPORT,
(D) ANY OBLIGATION OF THE CITY UNDER THE AIRPORT SPONSOR
GRANT ASSURANCES TO THE FEDERAL AVIATION ADMINISTRATION,
(E) THE LATEST AIRPORT LAND USE PLAN, OR
(F) A REGULATION OF THE FEDERAL AVIATION ADMINISTRATION
APPLICABLE TO THE AIRPORT;
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(3) THE APPLICANT’S PROPOSED DEVELOPMENT OR USE OF THE LAND
WOULD VIOLATE A FEDERAL, STATE, OR LOCAL LAW, INCLUDING AN
ORDINANCE OR REGULATION OF THE CITY;
(4) THE APPLICANT’S FAILURE TO REASONABLY DEMONSTRATE THE
FINANCIAL VIABILITY OF THE APPLICANT’S PROPOSED DEVELOPMENT
OR OF THE BUSINESS THE APPLICANT PROPOSES TO OPERATE;
(5) THE APPLICANT IS IN DEFAULT OF ANY CHARGES, FEES, RENTS, TAXES,
OR OTHER SUMS DUE AND PAYABLE TO THE CITY;
(6) THE APPLICANT IS IN DEFAULT OF A REQUIREMENT OF ANY LEASE OR
CONTRACT WITH THE CITY;
(7) THE APPLICATION IS REJECTED BY THE CITY COUNCIL IN FAVOR OF
ANOTHER APPLICATION FOR THE SAME LAND UNDER SUBSECTION (F) OF
THIS SECTION;
(8) THE CITY COUNCIL DECIDES, UNDER SUBSECTION (F) OF THIS SECTION,
TO REJECT ALL APPLICATIONS AND AWARD A LEASE OF THE LAND BY SEALED
BID; AND
(9) THE CITY MANAGER OR THE CITY COUNCIL DETERMINES THAT
APPROVAL OF THE APPLICATION IS NOT IN THE BEST INTEREST OF THE CITY.
(H) THE CITY COUNCIL MAY WAIVE PROVISIONS OF THIS CHAPTER TO LEASE
PROPERTY OR INTERESTS IN REAL PROPERTY W ITH THE UNITED STATES, THE
STATE OR AN ALASKA POLITICAL SUBDIVISION WHEN IN THE JUDGMENT OF THE
COUNCIL IT IS ADVANTAGEOUS TO THE MUNICIPALITY TO DO SO.
(ORD. 2180-2006)
21.10.080 LEASE AMENDMENT OR RENEWAL.
(1) AN APPLICATION SUBMITTED BY AN EXISTING TENANT FOR AN AMENDMENT,
TERM EXTENSION, OR RENEWAL OF THE TENANT’S LEASE SHALL BE SUBJECT TO
THE REQUIREMENTS AND PROCEDURES OF KMC 21.10.010 THROUGH 21.10.070,
EXCEPT THAT:
(A) KMC 21.10.040(B)(1), (2) AND (3) SHALL NOT APPLY TO AN APPLICATION
THAT DOES NOT INCLUDE A PROPOSAL TO CONSTRUCT NEW IMPROVEMENTS
ON THE PREMISES;
(B) KMC 21.10.040(B)(3) SHALL NOT APPLY TO AN APPLICATION THAT DOES
NOT INCLUDE A PROPOSAL TO ADD, DELETE, OR ALTER A BUSINESS
AUTHORIZED UNDER THE LEASE;
(C) THE APPRAISAL DEPOSIT UNDER KMC 21.10.050(A)(2)(I) SHALL NOT BE
REQUIRED FOR AN APPLICATION FOR A LEASE AMENDMENT THAT, IF
APPROVED, WILL NOT ALTER THE SIZE OR VALUE OF THE PREMISES; AND
(D) THE DEPOSITS UNDER KMC 21.10.050(A)(2)(I) AND (II) SHALL NOT BE
REQUIRED FOR AN APPLICATION FOR A LEASE AMENDMENT THAT, IF
APPROVED, WILL MAKE ONLY ADMINISTRATIVE CHANGES IN THE LEASE AND
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WILL NOT ALTER THE AUTHORIZED USE, SIZE, OR VALUE OF THE PREMISES
OR IF THE CITY MANAGER DETERMINES THE CITY WILL NOT INCUR ANY
ENGINEERING, SURVEYING OR CONSULTING COSTS.
(2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE COUNCIL MAY BY
RESOLUTION GRANT A LESSEE THE CONTRACTUAL RIGHT TO A LEASE RENEWAL
UPON SUCH TERMS AND CONDITIONS AS IT DETERMINES ARE IN THE BEST
INTERESTS OF THE CITY. (ORDS. 2180-2006, 2227-2007)
21.10.090 LENGTH OF LEASE TERM.
(A) UNLESS THE CITY DETERMINES A SHORTER LEASE TERM IS IN THE BEST
INTEREST OF THE CITY, THE LENGTH OF TERM FOR A LEASE GRANTED FOR LAND
WITHIN THE AIRPORT RESERVE WILL BE BASED ON THE AMOUNT OF INVESTMENT
THE APPLICANT PROPOSES TO MAKE IN THE CONSTRUCTION OF NEW
PERMANENT IMPROVEMENTS ON THE PREMISES DURING THE FIRST TWENTY-
FOUR (24) MONTHS FOLLOWING THE BEGINNING DATE OF THE LEASE OR LEASE
EXTENSION.
(B) UNLESS THE CITY DETERMINES A SHORTER LEASE TERM IS IN THE BEST
INTEREST OF THE CITY, THE LENGTH OF TERM FOR A LEASE RENEWAL SHALL BE
BASED ON A CITY-APPROVED APPRAISAL OF THE VALUE OF THE PERMANENT
IMPROVEMENTS ON THE PROPERTY AS SET FORTH IN THE TABLE IN SUBSECTION
(D)(1) OF THIS SECTION. THE APPRAISAL SHALL BE PERFORMED BY AN
INDEPENDENT APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87 WITH
EXPERIENCE APPRAISING AIRPORT IMPROVEMENTS. THE APPRAISAL SHALL BE
PAID FOR BY THE LESSEE.
(C) IF THE APPLICANT PROPOSES TO MAKE LESS THAN ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) IN NEW PERMANENT IMPROVEMENTS ON THE
PREMISES, THE MAXIMUM TERM OF A NEW LEASE SHALL BE FIVE (5) YEARS.
(D) IF THE APPLICANT PROPOSES TO INVEST ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) OR MORE IN NEW PERMANENT IMPROVEMENTS ON THE
PREMISES:
(1) THE MAXIMUM TERM OF A NEW LEASE OR A RENEWAL OF AN EXPIRING
LEASE SHALL BE DETERMINED ACCORDING TO THE FOLLOWING TABLE:
APPLICANT’S INVESTMENT/VALUE
(IN U.S. DOLLARS) IS AT LEAST
MAXIMUM TERM OF
YEARS
LESS THAN $100,000 5
$100,000—$199,000 15
$200,000—$299,000 20
$300,000—$399,000 25
$400,000—$500,000 30
MORE THAN $500,000 35
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(2) THE MAXIMUM TERM EXTENSION FOR AN EXISTING LEASE SHALL BE ONE
(1) YEAR FOR EACH TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) OF
ADDITIONAL INVESTMENT, PROVIDED THAT THE TOTAL OF THE REMAINING
LEASE TERM AND THE EXTENSION SHALL NOT EXCEED THIRTY-FIVE (35)
YEARS.
(3) A BONA FIDE THIRD PARTY PURCHASER OF AIRPORT IMPROVEMENTS
MAY GET AN EXTENSION FOR AN EXISTING LEASE ACQUIRED WITH
IMPROVEMENTS BASED ON A CITY-APPROVED APPRAISAL OF THE
IMPROVEMENTS PURCHASED. UNLESS THE CITY DETERMINES A SHORTER
LEASE TERM IS IN THE BEST INTEREST OF THE CITY, THE EXTENSION SHALL
BE BASED ON THE TABLE IN SUBSECTION (D)(1) OF THIS SECTION PROVIDED
NO EXTENSION SHALL EXTEND A LEASE TERM PAST THIRTY-FIVE (35) YEARS.
THE APPRAISAL SHALL BE PERFORMED BY AN INDEPENDENT APPRAISER
CERTIFIED UNDER. ALASKA STATUTE 8.87 WITH EXPERIENCE APPRAISING
AIRPORT IMPROVEMENTS. THE APPRAISAL SHALL BE PAID FOR BY THE
LESSEE.
(E) IN THE LEASE GRANTED TO THE APPLICANT, THE CITY MANAGER WILL
INCLUDE A PROVISION REQUIRING THE APPLICANT TO SUBSTANTIALLY
COMPLETE THE PROPOSED PERMANENT IMPROVEMENTS WITHIN A REASONABLE
PERIOD OF TIME, CONSIDERING THE COST AND NATURE OF THE IMPROVEMENTS.
PROVIDED HOWEVER, THAT THE TIME ALLOWED SHALL NOT ORDINARILY EXCEED
TWENTY-FOUR (24) MONTHS AFTER THE EFFECTIVE DATE OF THE LEASE.
(F) IN THE LEASE EXTENSION GRANTED TO THE APPLICANT, THE CITY MANAGER
WILL INCLUDE A PROVISION REQUIRING THE APPLICANT TO COMPLETE THE
ADDITIONAL PROPOSED PERMANENT IMPROVEMENTS WITHIN A REASONABLE
TIME PERIOD, CONSIDERING THE COST AND NATURE OF THE IMPROVEMENTS
PROVIDED THAT THE TIME PERIOD SHALL NOT ORDINARILY EXCEED TWENTY-
FOUR (24) MONTHS AFTER THE EFFECTIVE DATE OF THE LEASE EXTENSION.
(G) THE CITY MANAGER WILL INCLUDE A PROVISION IN A LEASE OR LEASE
EXTENSION REQUIRING THE LESSEE TO PROVIDE A PERFORMANCE BOND,
DEPOSIT, PERSONAL GUARANTEE, OR OTHER SECURITY IF THE MANAGER
DETERMINES SECURITY IS NECESSARY OR PRUDENT TO ENSURE THE
APPLICANT’S COMPLETION OF THE PERMANENT IMPROVEMENTS WITHIN THE
TIME PERIOD SET UNDER SUBSECTIONS (E) OR (F) OF THIS SECTION. THE CITY
MANAGER WILL DETERMINE THE FORM AND AMOUNT OF THE SECURITY
ACCORDING TO THE BEST INTEREST OF THE CITY, CONSIDERING THE NATURE
AND SCOPE OF THE PROPOSED IMPROVEMENTS AND THE FINANCIAL
RESPONSIBILITY OF THE APPLICANT.
(H) THE APPLICANT SHALL, WITHIN THIRTY (30) DAYS AFTER COMPLETION OF
THE PERMANENT IMPROVEMENTS, SUBMIT TO THE CITY MANAGER WRITTEN
DOCUMENTATION THAT THE IMPROVEMENTS HAVE BEEN COMPLETED AS
REQUIRED UNDER SUBSECTION (E) OR (F) OF THIS SECTION.
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(I) IF THE APPLICANT SHOWS GOOD CAUSE TO THE CITY MANAGER, AND THE
MANAGER DETERMINES THE ACTION IS NOT INCONSISTENT WITH THE CITY’S BEST
INTEREST, THE MANAGER MAY GRANT AN EXTENSION THAT IS SUFFICIENT TO
ALLOW FOR THE COMPLETION OF THE PERMANENT IMPROVEMENTS OR FOR
SUBMISSION OF DOCUMENTATION THAT THE PERMANENT IMPROVEMENTS HAVE
BEEN COMPLETED UNDER THIS SECTION. NO EXTENSION OR COMBINATION OF
EXTENSIONS GRANTED WILL EXCEED TWELVE (12) MONTHS.
(J) IF, WITHIN THE TIME REQUIRED UNDER SUBSECTION (E) OR (F) OF THIS
SECTION, INCLUDING ANY EXTENSION GRANTED UNDER SUBSECTION (I) OF THIS
SECTION, THE APPLICANT FAILS TO COMPLETE THE REQUIRED PERMANENT
IMPROVEMENTS, THE CITY MANAGER WILL EXECUTE THE FORFEITURE OF THE
PERFORMANCE BOND, DEPOSIT, PERSONAL GUARANTEE, OR OTHER SECURITY
POSTED BY THE APPLICANT UNDER SUBSECTION (G) OF THIS SECTION TO THE
EXTENT NECESSARY TO REIMBURSE THE CITY FOR ALL COSTS AND DAMAGES,
INCLUDING ADMINISTRATIVE AND LEGAL COSTS, ARISING FROM THE APPLICANT’S
FAILURE TO COMPLETE THE REQUIRED IMPROVEMENTS, AND INITIATE
CANCELLATION OF THE LEASE OR REDUCE THE TERM OF THE LEASE TO A PERIOD
CONSISTENT WITH THE PORTION OF THE IMPROVEMENTS SUBSTANTIALLY
COMPLETED IN A TIMELY MANNER ACCORDING TO THE BEST INTERESTS OF THE
CITY.
(K) THE CITY MANAGER SHALL REVIEW RATES, CHARGES AND THE
INVESTMENT/VALUE IN THE CHAPTER EVERY FIVE (5) YEARS TO SEE IF
ADJUSTMENTS SHOULD BE MADE.
(L) WHEN USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
MEANINGS GIVEN:
(1) “EXPIRING LEASE” MEANS A LEASE WITH LESS THAN ONE (1) YEAR OF
TERM REMAINING;
(2) “EXISTING LEASE” MEANS A LEASE WITH AT LEAST ONE (1) YEAR OF TERM
REMAINING;
(3) “PERMANENT IMPROVEMENT” MEANS A FIXED ADDITION OR CHANGE TO
LAND THAT IS NOT TEMPORARY OR PORTABLE;
(I) “PERMANENT IMPROVEMENT” INCLUDES;
(A) A BUILDING, BUILDING ADDITION, RETAINING WALL, STORAGE
TANK, EARTHWORK, FILL MATERIAL, GRAVEL, AND PAVEMENT, AND
(B) REMEDIATION OF CONTAMINATION FOR WHICH THE APPLICANT
IS NOT RESPONSIBLE;
(II) “PERMANENT IMPROVEMENT” EXCLUDES ITEMS OF ORDINARY
MAINTENANCE, SUCH AS GLASS REPLACEMENT, PAINTING, ROOF
REPAIRS, DOOR REPAIRS, PLUMBING REPAIRS, FLOOR COVERING
REPLACEMENT, OR PAVEMENT PATCHING. (ORD. 2180-2006)
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21.10.100 RENTAL RATE DETERMINATION.
(A) BEGINNING IN 2007 AND AT INTERVALS OF APPROXIMATELY FIVE (5) YEARS
THEREAFTER, THE CITY MANAGER SHALL RETAIN THE SERVICES OF AN
INDEPENDENT, QUALIFIED REAL ESTATE APPRAISER CERTIFIED UNDER ALASKA
STATUTE 8.87 TO DETERMINE A ZONE-BASED SQUARE FOOT LEASE RATE FOR ALL
LAND WITHIN THE AIRPORT RESERVE THAT IS UNDER LEASE OR AVAILABLE FOR
LEASE BASED ON THE FAIR MARKET VALUE OF THE PROPERTY AND THE
APPROPRIATE MARKET LEASE RATE FOR PROPERTY WITHIN THE AIRPORT
RESERVE. LEASE APPLICATIONS FILED AFTER THE EFFECTIVE DATE OF THIS
CHAPTER BUT PRIOR TO COMPLETION OF THE INITIAL LEASE RATE
DETERMINATION SHALL HAVE A RENTAL RATE OF EIGHT PERCENT (8%) OF FAIR
MARKET VALUE UNTIL THE FIRST JUNE 30 AFTER THE ZONE-BASED SQUARE FOOT
LEASE RATE IS ESTABLISHED UNDER THIS SUBSECTION, AFTER WHICH THE LEASE
RATE SHALL BE AS ESTABLISHED IN THE ZONE-BASE SQUARE FOOT METHOD
DESCRIBED ABOVE.
(B) FOLLOWING THE DATE ON WHICH THE CITY MANAGER ACCEPTS THE
DETERMINATIONS MADE UNDER SUBSECTION (A) OF THIS SECTION, THE
MANAGER SHALL ESTABLISH RENTAL AMOUNTS FOR LEASES AS FOLLOWS:
(1) FOR EACH NEW LEASE GRANTED BY THE CITY UNDER THIS CHAPTER,
THE RENTAL SHALL BE AS DETERMINED UNDER SUBSECTION(A) OF THIS
SECTION; AND
(2) FOR LEASES IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS
CHAPTER, THE LEASE RATE SHALL BE DETERMINED AS PROVIDED IN THE
LEASE.
(C) UNDER THIS SECTION, WHEN DETERMINING THE FAIR MARKET VALUE OF THE
PREMISES OF AN EXISTING LEASE, AN APPRAISER SHALL APPRAISE THE
PROPERTY:
(1) IN ITS CONDITION AS OF THE INCEPTION OF THE LEASE;
(2) PLUS ANY IMPROVEMENTS OR AMENITIES SUBSEQUENTLY PROVIDED BY
THE CITY; BUT
(3) EXCLUDING ANY IMPROVEMENTS OR AMENITIES PROVIDED BY THE CITY
UNDER KMC 21.10.110, IF LESSEE HAS REIMBURSED THE CITY, OR ENTERED
INTO AN AGREEMENT TO REIMBURSE THE CITY, FOR THE COST OF THE
IMPROVEMENTS OR AMENITIES. (ORD. 2180-2006)
21.10.110 REIMBURSEMENT FOR CITY-CONSTRUCTED IMPROVEMENTS.
(A) THE CITY MANAGER MAY INCLUDE IN A LEASE A REQUIREMENT FOR THE
LESSEE TO REIMBURSE THE CITY FOR THE CITY’S COST OF:
(1) LAND CLEARING, GRAVEL FILL, UTILITY EXTENSIONS AND OTHER
IMPROVEMENTS OR AMENITIES ON OR IN DIRECT CONNECTION WITH THE
PREMISES, CONSTRUCTED BY THE CITY PRIOR TO THE EFFECTIVE DATE OF
THE LEASE; OR
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(2) LAND CLEARING, GRAVEL FILL, UTILITY EXTENSIONS AND OTHER
IMPROVEMENTS OR AMENITIES ON OR IN DIRECT CONNECTION WITH THE
PREMISES, WHICH THE CITY AGREES TO CONSTRUCT AS A CONDITION OF
THE LEASE, SUBJECT TO CITY COUNCIL APPROVAL.
(B) THE LESSEE SHALL REIMBURSE THE CITY FOR THE CITY’S COST OF
CONSTRUCTING THE IMPROVEMENTS IN TEN (10) EQUAL ANNUAL PAYMENTS,
PLUS INTEREST AT EIGHT PERCENT (8%) PER YEAR ON THE UNPAID BALANCE OR
UNDER SUCH TERMS AND CONDITIONS AS THE COUNCIL MAY SET BY
RESOLUTION. IF THE LEASE IS FOR LESS THAN TEN (10) YEARS, THE RE-PAYMENT
SCHEDULE MAY NOT BE LONGER THAN THE TERM OF THE LEASE. THE LESSEE
MAY PAY THE ENTIRE REMAINING BALANCE TO THE CITY AT ANY TIME DURING THE
TERM OF THE LEASE. (ORDS. 2180-2006, 2355-2008)
21.10.120 LEASE UTILIZATION.
LEASED LANDS SHALL BE UTILIZED FOR PURPOSES WITHIN THE SCOPE OF THE
APPLICATION, THE TERMS OF THE LEASE AND IN CONFORMITY WITH THE ORDINANCES
OF THE CITY, AND IN SUBSTANTIAL CONFORMITY WITH THE COMPREHENSIVE PLAN
AND AIRPORT MASTER PLAN. UTILIZATION OR DEVELOPMENT FOR OTHER THAN THE
ALLOWED USES SHALL CONSTITUTE A VIOLATION OF THE LEASE AND SUBJECT THE
LEASE TO CANCELLATION AT ANY TIME. FAILURE TO SUBSTANTIALLY COMPLETE THE
DEVELOPMENT PLAN FOR THE LAND SHALL CONSTITUTE GROUNDS FOR
CANCELLATION. (ORD. 2180-2006)
21.10.130 BIDDING PROCEDURE.
WITH THE APPROVAL OF THE CITY COUNCIL, THE CITY MANAGER MAY DESIGNATE
A SPECIFIC LOT OR LOTS TO BE LEASED THROUGH COMPETITIVE SEALED BID. IN A
SEALED BID OFFERING, THE CITY MANAGER SHALL AWARD THE LEASE TO THE
QUALIFIED BIDDER THAT OFFERS THE HIGHEST ONE (1) TIME PREMIUM PAYMENT, IN
ADDITION TO THE LEASE RENT ESTABLISHED UNDER THIS CHAPTER. PROVIDED
HOWEVER, THAT HIGH BIDDER AND THE BIDDER’S LEASE PROPOSAL SHALL BE
SUBJECT TO ALL PROVISIONS OF LEASE APPLICATION REVIEW AND APPROVAL UNDER
THIS CHAPTER. (ORD. 2180-2006)
21.10.140 LEASE EXECUTION.
WHEN ISSUING A LEASE TO AN APPLICANT, THE CITY MANAGER SHALL HAND
DELIVER OR MAIL THE DOCUMENT TO THE APPLICANT. THE APPLICANT SHALL HAVE
THIRTY (30) DAYS FROM THE DATE ON WHICH THE LEASE IS HAND DELIVERED TO THE
APPLICANT OR DEPOSITED IN THE U.S. MAIL WITHIN WHICH TO EXECUTE AND RETURN
THE LEASE TO THE CITY MANAGER. IF THE APPLICANT SHOWS GOOD CAUSE TO THE
CITY MANAGER, AND THE MANAGER DETERMINES THE ACTION IS NOT INCONSISTENT
WITH THE CITY’S BEST INTEREST, THE MANAGER WILL GRANT AN EXTENSION NOT
EXCEEDING THIRTY (30) DAYS FOR THE APPLICANT TO EXECUTE AND RETURN THE
LEASE. UPON THE FAILURE OF THE APPLICANT TO TIMELY EXECUTE AND RETURN THE
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LEASE AGREEMENT, THE CITY MANAGER SHALL WITHDRAW THE OFFER OF THE LEASE
IN WRITING. (ORD. 2180-2006)
21.10.150 FORM OF LEASE.
(A) WHEN LEASING LAND UNDER THIS CHAPTER, THE CITY MANAGER SHALL USE
A STANDARD LEASE FORM THAT IS:
(1) DRAFTED TO:
(I) PROVIDE A REASONABLE BASIS FOR THE LESSEE’S USE OF THE
PREMISES,
(II) FOSTER THE SAFE, EFFECTIVE, AND EFFICIENT OPERATION OF THE
AIRPORT,
(III) CONFORM WITH THE APPLICABLE REQUIREMENTS OF THE KMC,
INCLUDING THIS CHAPTER, ALASKA STATUTES, FEDERAL AVIATION
ADMINISTRATION REGULATIONS, AND OTHER APPLICABLE FEDERAL
LAW, AND
(IV) PROVIDE FOR THE BEST INTEREST OF THE CITY.
(2) APPROVED AS TO FORM BY THE CITY ATTORNEY; AND
(3) ADOPTED BY RESOLUTION OF THE CITY COUNCIL.
(B) THE CITY MANAGER MAY ENTER INTO A LAND LEASE THAT DEVIATES FROM
THE STANDARD FORM ADOPTED UNDER SUBSECTION (A) OF THIS SECTION, IF:
(1) THE MANAGER BELIEVES THE ACTION IS IN THE BEST INTEREST OF THE
CITY;
(2) THE LEASE IS APPROVED AS TO FORM BY THE CITY ATTORNEY; AND
(3) THE LEASE IS APPROVED BY RESOLUTION OF THE CITY COUNCIL.
(ORD. 2180-2006)
21.10.160 RE-EVALUATION OF RENT.
(A) BEGINNING IN 2007 AND EVERY FIVE (5) YEARS THEREAFTER, THE CITY
MANAGER SHALL INCREASE OR DECREASE THE RENT CHARGED IN THE LEASE TO
THE AMOUNT DETERMINED UNDER KMC 21.10.100.
(B) THE CITY MANAGER SHALL CHANGE THE RENT IN A LEASE BY GIVING THE
LESSEE WRITTEN NOTICE AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE
EFFECTIVE DATE OF THE CHANGE.
(C) THE “FAIR MARKET VALUE” OF THE PREMISES SHALL BE EQUAL TO THE THEN-
FAIR MARKET RATE FOR SIMILAR COMMERCIAL PROPERTY IN THE CITY OF KENAI,
ALASKA (THE “RELEVANT AREA”). CITY SHALL GIVE NOTICE TO LESSEE OF CITY’S
ESTIMATION OF THE FAIR MARKET VALUE NOT LATER THAN THIRTY (30) DAYS
PRIOR TO THE EXPIRATION OF THE THEN-APPLICABLE FIVE (5) YEAR PERIOD, AS
EVIDENCED AND SUPPORTED BY THE ZONE-BASE SQUARE FOOT LEASE RATE
APPRAISAL DONE UNDER KMC 21.10.100(A). IF LESSEE DISAGREES WITH SUCH
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ESTIMATE, IT SHALL ADVISE THE CITY IN WRITING THEREOF WITHIN NINETY (90)
DAYS OF LESSEE’S RECEIPT OF SUCH ESTIMATE, AS EVIDENCED AND SUPPORTED
BY THE WRITTEN OPINION OF A REAL ESTATE APPRAISER CERTIFIED UNDER
ALASKA STATUTE 8.87 WITH EXPERIENCE IN APPRAISING AIRPORT PROPERTY
(SELECTED AND PAID FOR BY LESSEE) FAMILIAR WITH THE RELEVANT AREA (THE
“SECOND APPRAISER”). THE PARTIES SHALL PROMPTLY MEET TO ATTEMPT TO
RESOLVE THEIR DIFFERENCES BETWEEN THE FIRST APPRAISER AND THE
SECOND APPRAISER CONCERNING THE FAIR MARKET VALUE OF THE PREMISES.
IF CITY AND LESSEE CANNOT AGREE UPON SUCH VALUE THEN, WITH ALL
DELIBERATE SPEED, THEY SHALL DIRECT THE FIRST APPRAISER AND THE
SECOND APPRAISER TO EXPEDITIOUSLY AND MUTUALLY SELECT A THIRD
QUALIFIED REAL ESTATE APPRAISER CERTIFIED UNDER ALASKA STATUTE 8.87
WITH EXPERIENCE IN APPRAISING AIRPORT PROPERTY (SELECTED AND PAID FOR
JOINTLY BY THE PARTIES) FAMILIAR WITH THE RELEVANT AREA (THE “THIRD
APPRAISER”). WITHIN THIRTY (30) DAYS AFTER THE THIRD APPRAISER HAS BEEN
APPOINTED, THE THIRD APPRAISER SHALL DECIDE WHICH OF THE TWO (2)
RESPECTIVE APPRAISALS FROM THE FIRST APPRAISER AND THE SECOND
APPRAISER MOST CLOSELY REFLECTS THE FAIR MARKET VALUE OF THE
PREMISES. THE FAIR MARKET VALUE OF THE PREMISES SHALL IRREBUTTABLY BE
PRESUMED TO BE THE VALUE CONTAINED IN SUCH APPRAISAL SELECTED BY THE
THIRD APPRAISER, AND THE RENT SHALL BE REDETERMINED BASED ON SUCH
VALUE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, RENT SHALL
CONTINUE TO BE PAID AT THE THEN-APPLICABLE RATE UNTIL ANY SUCH NEW
RENTAL RATE IS ESTABLISHED, AND LESSEE AND CITY SHALL PROMPTLY PAY OR
REFUND, AS THE CASE MAY BE, ANY VARIANCE IN THE RENT, WITHOUT INTEREST
THEREON ACCRUING TO THE EXTENT TO BE PAID/REFUNDED IN A TIMELY
FASHION. (ORD. 2180-2006)
21.10.170 ANNUAL MINIMUM RENTAL.
(A) ANNUAL MINIMUM RENTALS SHALL BE COMPUTED FROM THE APPROVED
APPRAISED MARKET VALUE UTILIZING THE METHOD AS DESCRIBED IN KMC
21.10.100, 21.10.110, AND 21.10.160.
(B) UPON EXECUTION OF THE LEASE, THE LANDS BECOME TAXABLE TO THE
EXTENT OF ITS LEASEHOLD INTEREST AND LESSEE SHALL PAY ALL REAL
PROPERTY TAXES LEVIED UPON SUCH LEASEHOLD INTEREST IN THESE LANDS,
AND SHALL PAY ANY SPECIAL ASSESSMENTS AND TAXES AS IF HE OR SHE WERE
THE OWNER OF THE LAND.
(C) RENT SHALL BE PAID ANNUALLY IN ADVANCE. THE PAYMENTS SHALL BE
PRORATED TO CONFORM TO THE CITY OF KENAI’S FISCAL YEAR BEGINNING JULY
1 AND ENDING JUNE 30. IF THE EQUIVALENT MONTHLY PAYMENT EXCEEDS TWO
HUNDRED DOLLARS ($200.00), THEN THE LESSEE SHALL HAVE THE OPTION OF
MAKING PAYMENTS ON A MONTHLY BASIS.
(D) LESSEE SHALL BE RESPONSIBLE FOR ALL SALES TAXES APPLICABLE TO ITS
OPERATIONS OR DUE ON PAYMENTS UNDER THE LEASE. (ORD. 2180-2006)
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21.10.180 USE PERMITS.
SUBJECT TO THE APPROVAL BY THE CITY COUNCIL OF THE TERMS AND RENT, THE
CITY MANAGER MAY, WITHOUT SUBJECTING THE PROPERTY TO APPRAISAL OR
COMPETITIVE PROCESS, GRANT A PERMIT FOR THE TEMPORARY USE OF REAL
PROPERTY OWNED BY THE CITY FOR A PERIOD NOT TO EXCEED ONE (1) YEAR AND
FOR ANY PURPOSE NOT IN CONFLICT WITH THE ZONING OF THE LAND. (ORD. 2180-
2006)
21.10.190 ACQUISITION OF REAL PROPERTY.
(A) THE CITY, BY AUTHORIZATION OF THE CITY COUNCIL, EXPRESSED IN A
RESOLUTION FOR SUCH PURPOSE, MAY PURCHASE, ACQUIRE AN INTEREST IN OR
LEASE REAL PROPERTY NEEDED FOR A PUBLIC USE WITHIN THE AIRPORT
RESERVE ON SUCH TERMS AND CONDITIONS AS THE COUNCIL SHALL DETERMINE,
BUT NO PURCHASE SHALL BE MADE UNTIL A QUALIFIED APPRAISER HAS
APPRAISED THE PROPERTY AND GIVEN THE COUNCIL AN INDEPENDENT OPINION
AS TO THE FULL AND TRUE VALUE THEREOF;
(B) BECAUSE OF THE UNIQUE VALUE OF REAL PROPERTY, THE CITY NEED NOT
ACQUIRE OR LEASE REAL PROPERTY BY COMPETITIVE BIDDING. (ORD. 2180-2006)]
Chapter 21.10 LEASING AND ACQUISITION OF AIRPORT RESERVE LANDS
21.10.010 Lease of Airport Reserve Land.
(a) This chapter applies to City-owned land within the Airport Reserve.
(b) The provisions of this chapter shall not alter or amend the terms, obligations or rights
granted under leases existing prior to the effective date of this chapter.
21.10.015 Definitions.
When used in this Chapter, the following terms shall have the meaning given below:
(a) “Aeronautical Use” means any use land within the Airport Reserve that involves, makes
possible, or is required for the operation of aircraft or that contributes to or is required for
the safety of such operations. It includes, but is not limited to: Air taxi and charter
operations; Scheduled or nonscheduled air carrier services; Pilot training; Aircraft rental
and sightseeing; Aerial photography; Crop dusting; Aerial advertising and surveying;
Aircraft sales and service; Aircraft storage; Sale of aviation petroleum products; Repair
and maintenance of aircraft; Sale of aircraft parts; Parachute activities; Ultralight
activities; Sport pilot activities; and Military flight operations.
(b) “Airport Market Analysis” means an analysis that is conducted by a qualified general real
estate appraiser and determines the gross changes that have occurred in the local market
since the previous airport-wide appraisal as well as conducting a Lease Rate Analysis.
(c) “Airport Reserve” means the City-owned land reserved from sale and designated under
KMC 21.05.010 and 21.05.020.
(d) “Annual Rent” means an amount paid to the City annually according to the terms of the
lease.
(e) “City” means the City of Kenai, its elected officials, officers, employees or agents.
(f) “Consumer Price Index (CPI)” means the CPI for all Urban Consumers (CPI-U) for
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(g) “Existing Lease” means a lease with at least one (1) year of term remaining.
(h) “Expiring Lease” means a lease with less than one (1) year of term remaining.
(i) “Fair Market Value” means the most probable price which a property should bring in a
competitive and open market as determined by a qualified independent appraiser, or the
value as determined by the latest appraisal adjusted by the change in Consumer Price
Index from the date of the latest appraisal.
(j) “Lease Extension” means extending the term of an existing lease.
(k) “Lease Rate Analysis” means an analysis of data collected from other land leases to
determine whether the City’s lease rate percent reflects the market.
(l) “Lease Rate Percent” means a percentage when applied to the fair market value of land
will establish a rate of rent commensurate with rental rates prevalent in the local area as
determined by a qualified real estate appraiser.
(m) “Lease Renewal” means a new lease of property currently under lease to an existing
lessee or a purchaser.
(n) “Non-Aeronautical Use” means any use of airport land that is not an aeronautical use.
(o) “Permanent improvement” means a fixed addition or change to land that is not temporary
or portable;
(1) “Permanent improvement” includes a building, building addition, retaining wall,
storage tank, earthwork, fill material, gravel, and pavement, and remediation of
contamination for which the applicant is not responsible.
(2) “Permanent improvement” excludes items of ordinary maintenance, such as glass
replacement, painting, roof repairs, door repairs, plumbing repairs, floor covering
replacement, or pavement patching.
(p) “Professional Estimate of the remaining useful life of the principle improvement” means
an estimate of the number of remaining years that the principle improvement will be able
to function in accordance with its intended purpose prepared by a Qualified Real Estate
Appraiser, engineer, or architect licensed in Alaska.
(q) “Qualified Independent Appraiser” means a general real estate appraiser certified by the
State of Alaska under AS 08.87, with experience in appraising airport property.
(r) “Site Development Materials” means materials used for preparing a lease site for building
construction or to provide a firm surface on which to operate a vehicle or aircraft; “Site
Development Materials” include geotextile, fill, gravel, paving, utilities and pavement
reinforcement materials.
(s) “Site Preparation Work” means work on the leased premises to include clearing and
grubbing, unclassified excavation, classified fill and back fill, a crushed aggregate base
course and utility extensions.
21.10.020 Lands Available for Leasing.
City-owned land within the Airport Reserve may be leased as provided in this Chapter unless:
(a) The land is identified in the latest Federal Aviation Administration-approved Airport Layout
Plan as being required for the operation or safety of the Airport or for the construction,
preservation, future construction, or future expansion of facilities on the Airport, including:
(1) Runways, runway safety areas, taxiways, aprons, water lanes, water taxiways, and
other aircraft operational areas;
(2) Access roads, public streets, parking lots, and other facilities for use by motor
vehicles; and
(3) Public terminal buildings.
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21.10.025 Special Use Permits.
Airport Reserve Land unavailable for lease may be utilized under a Special Use Permit approved
by the City Council. A Special Use Permit may provide for temporary activities such as aircraft
fueling, parking, loading and unloading, temporary cargo staging and handling, and maneuvering
purposes. Subject to the approval by the City Council of the terms and rent, the City Manager
may, without subjecting the property to appraisal or competitive process, grant a Special Use
Permit for the temporary use of real property owned by the City for a period not to exceed one (1)
year.
21.10.030 Qualifications of Applicants or Bidders.
An applicant or bidder for a lease is qualified if the applicant or bidder:
(a) Is an individual at least eighteen (18) years of age;
(b) Legal entity which is authorized to conduct business under the laws of Alaska; or
(c) Is acting as an agent for another and has qualified by filing with the City a proper power of
attorney or a letter of authorization creating such agency.
21.10.040 Initial Lease Application.
(a) All applications for lease of lands must be submitted to the City on an approved application
form provided by the City. Applications will be dated on receipt and payment of the non-
refundable application fee as set forth in the City’s schedule of fees adopted by the City
Council.
(b) The application form must include the following information:
(1) The purpose of the proposed lease;
(2) The use, nature, type and estimated cost of improvements to be constructed;
(3) The dates construction is estimated to commence and be completed (ordinarily a
maximum of two (2) years); and
(4) A comprehensive description of the proposed business or activity intended.
(c) Applications which propose a subdivision shall require the applicant to be responsible for
all costs associated with the subdivision, including but not limited to any new appraisal,
engineering services, surveying and consulting costs, unless in the sole discretion of the
City Council, the City Council determines that the subdivision serves other Airport
purposes. If the Council determines that other Airport purposes are served by the
subdivision, the City Council may choose in its sole discretion to share in the subdivision
costs with the applicant in whatever amount the City Council determines is reasonable
given the benefit to the Airport.
(d) Anytime during the processing of a lease application, the City may request, and the
applicant must supply, any clarification or additional information that the City reasonably
determines is necessary for the City to make a final decision on the application.
21.10.050 No Right of Occupancy – Application Expiration.
(a) Submitting an application for a lease does not give the applicant a right to lease or use the
land requested in the application.
(b) The application shall expire twelve (12) months after the date the application has been
made if the City and the applicant have not, by that time, entered into a lease, unless the
City Council for good cause grants an extension for a period not to exceed six (6) months.
21.10.060 Lease Application Review
(a) Applications shall be reviewed by City staff for:
(1) Application completeness;
(2) Conformance with Municipal Ordinances;
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(3) Conformance with the Airport Layout Plan, Airport Master Plan, Federal Aviation
Administration regulations applicable to the Airport, Airport Improvement Projects,
Airport Sponsor Grant Assurances to the Federal Aviation Administration, and
Airport regulations and operations; and,
(4) Conformance with the Comprehensive Plan.
(b) Based on the initial review and staff recommendation for action, if the City Manager
determines the application is complete, the application shall be referred to the Airport
Commission and the Planning and Zoning Commission for review and comment, together
with the City Manager’s recommendation for approval or rejection.
(c) Notice of applications for new leases, renewals or extensions must be published in a
newspaper of general circulation within the City. The notice must contain the name of the
applicant, a brief description of the land and the date upon which any competing
applications must be submitted (thirty (30) days from the date of publication).
(d) The recommendations of the City Manager, Airport Commission and Planning and Zoning
Commission shall be brought to the City Council. The decision whether or not to lease
land or authorize a lease extension or renewal rests in the sole discretion of the City
Council.
(e) The City Council may waive provisions of this Chapter to lease property or interests in real
property with the United States, the State of Alaska or an Alaska political subdivision when
in the judgment of the City Council it is advantageous to the City to do so.
(f) If the applicant is in default of any charges, fees, rents, taxes, or other sums due and
payable to the City or the applicant is in default of a requirement of any lease or contract
with the City a lease shall not be entered into until the deficiencies are cured.
21.10.070 Application for Lease Amendment, Extension or Renewal.
(a) A request from an existing lessee for a lease amendment, extension or renewal of the
lease must be submitted to the City on an application form provided by the City.
Applications must be complete and dated on receipt and payment of the non-refundable
application fee as set forth in the City’s schedule of fees adopted by the City Council.
(b) An application for an amendment must include the following information:
(1) The purpose of the proposed amendment;
(2) The proposed change in use or activity; and
(3) A comprehensive description of the proposed business, if applicable.
(c) An application for a lease extension must include the following information:
(1) The use, nature, type and estimated cost of additional improvements to be
constructed;
(2) The dates new construction is estimated to commence and be completed
(ordinarily a maximum of two (2) years).
(d) An application for a lease renewal must include the following information:
(1) For a lease renewal of an existing lease:
(A) The use, nature, type and estimated cost of additional improvements to be
constructed;
(B) The dates new construction is estimated to commence and be completed
(ordinarily a maximum of two (2) years).
(2) For a lease renewal of an expiring lease:
(A) A professional estimate of the remaining useful life of the principle
improvement on the property, paid for by the applicant; or
(B) A market value appraisal of the principle improvement on the property, paid
for by the applicant; or
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(C) The purchase price of improvements in a bill of sale executed by the current
lessee and proposed purchaser; and
(D) The use, nature, type and estimated cost of additional improvements to be
constructed, if applicable.
(E) The dates new construction is estimated to commence and be completed
(ordinarily a maximum of two (2) years) if applicable.
(e) Applications for amendment, extension or renewal shall be processed in accordance with
the Lease Application Review provisions of this Chapter. The City has no obligation to
amend, renew or extend a lease and may decline to do so upon making specific findings
as to why a lease renewal, extension, or amendment is not in the best interest of the City.
21.10.075 Competing Applications.
If another complete and otherwise approvable application for a new lease, extension or a renewal
is received for the same property within thirty (30) days from the notice of application publication
date by a different applicant, City staff shall process the application and forward the application,
the City Manager’s recommendation and the Commissions’ recommendations to the City Council
for approval of the application anticipated to best serve the interests of the City. The City Council
may approve one of the applications, reject all the applications or direct the City Manager to award
a lease of the property by sealed bid. An applicant for a renewal or extension may withdraw an
application for a renewal or extension at any time prior to a decision by the City Council whether
or not to approve such a renewal or extension.
21.10.080 Length of Lease Term.
(a) The length of term for an initial lease shall be based on the amount of investment the
applicant proposes to make in the construction of new permanent improvements on the
premises as provided in the application. The City Council may offer a shorter lease term,
if the City Council makes specific findings that a shorter lease term is in the best interest
of the City.
(b) The maximum term of an initial lease shall be determined according to the following Term
Table:
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TERM TABLE
Applicant’s Investment/Value ............ Maximum Term of Years
$ 7,500… ................................................ 5
15,000 .................................................. 6
22,500 .................................................. 7
30,000 .................................................. 8
37,500 .................................................. 9
45,000 ................................................. 10
52,500 ................................................. 11
60,000 ................................................. 12
67,500 ................................................. 13
75,000 ................................................. 14
82,500 ................................................. 15
90,000 ................................................. 16
97,500 ................................................. 17
105,000 ................................................ 18
112,500 ................................................ 19
120,000 ................................................ 20
127,500 ................................................ 21
135,000 ................................................ 22
142,500 ................................................ 23
150,000 ................................................ 24
157,500 ................................................ 25
165,000 ................................................ 26
172,500 ................................................ 27
180,000 ................................................ 28
187,500 ................................................ 29
195,000 ................................................ 30
202,500 ................................................ 31
210,000 ................................................ 32
217,500 ................................................ 33
225,000 ................................................ 34
232,500 ................................................ 35
240,000 ................................................ 36
247,500 ................................................ 37
255,000 ................................................ 38
262,500 ................................................ 39
270,000 ................................................ 40
277,500 ................................................ 41
285,000 ................................................ 42
292,000 ................................................ 43
300,000 ................................................ 44
307,500 ................................................ 45
(c) The length of term for a lease extension shall be determined according to the Term Table
and based on the total amount of the investment provided in the initial lease application
and the estimated cost of additional permanent improvements as provided in the
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application for lease extension and provided no extension shall extend a lease term past
forty-five (45) years.
(d) The length of term for a lease renewal of an existing lease shall be determined according
to the Term Table and based on the total amount of the investment provided in the initial
lease application and the estimated cost of additional permanent improvements as
provided in the application. The renewal term of an existing lease pursuant to a transaction
between the current lessee and a new buyer and prospective lessee will be determined
by the purchase price of permanent improvements in a bill of sale and the value of
proposed additional permanent improvements, if any. The term for renewal of an existing
lease cannot exceed 45 years.
(e) The length of term for a lease renewal of an expiring lease shall be determined according
to a professional estimate of the remaining useful life of the principle improvement on the
property, paid for by the applicant or the Term Table and based on the following:
(1) The purchase price of real property improvements in a bill of sale executed
between the lessee and proposed purchaser; or
(2) A market value appraisal of the principle improvement on the property, paid for by
the applicant; and
(3) The estimated cost of any additional investment the applicant proposes to make in
the construction of permanent improvements on the premises as provided in the
application.
(4) The term for renewal of an expiring lease cannot exceed 45 years.
(f) Before the City approves or extends the term of a lease, permit, concession, or other
interest for any use of a premises that the City has determined in writing will be needed
for airport development in the future, the City will first estimate when the premises will
likely be needed for airport development. A term or a term extension for use of those
premises may not run beyond the time that the City estimates the premises will become
needed for airport development and is subject to further extension only to the extent that
need does not arise or is otherwise satisfied or deferred by the City.
(g) If the initial lease, term extension, or lease renewal granted to the applicant requires
construction of permanent improvements, the lease or term extension shall be subject to
the following conditions:
(1) The lessee to complete the proposed permanent improvements within a
reasonable period of time set by the City, considering the cost and nature of the
improvements. Provided however, that the time allowed shall not ordinarily exceed
twenty-four (24) months after the effective date of the lease, renewal, or extension.
(2) The lessee to provide a performance bond, deposit, personal guarantee, or other
security if the City Council determines security is necessary or prudent to ensure
the applicant’s completion of the permanent improvements required in the lease,
renewal, or extension. The City Council shall determine the form and amount of
the security according to the best interest of the City, after a recommendation by
the City Manager considering the nature and scope of the proposed improvements
and the financial responsibility of the applicant.
(3) At no expense to the City, the lessee must obtain and keep in force during the term
of the lease, insurance of the type and limits required by the City for the activities
on the premises.
(4) Within thirty (30) days after completion of the permanent improvements, the lessee
shall submit to the City written documentation that the improvements have been
completed as required. The City Manager shall make a report to the City Council
of completion as soon as reasonably practical.
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(5) If the applicant shows good cause to the City Council, and the City Council
determines the action is in the best interest of the City, the City Council may grant
an extension of the time allowed to complete permanent improvements by
Resolution that is sufficient to allow for the completion of the permanent
improvements or for submission of documentation that the permanent
improvements have been completed. No extension or combination of extensions
granted shall exceed twelve (12) months or cause the total time allowed to
complete permanent improvements to exceed thirty-six (36) months.
(6) If, within the time required the applicant fails to complete the required permanent
improvements the City shall:
(A) If the application is for a new lease or lease renewal, execute the forfeiture
of the performance bond, deposit, personal guarantee, or other security
posted by the applicant under subsection (2) of this section to the extent
necessary to reimburse the City for all costs and damages, including
administrative and legal costs, arising from the applicant’s failure to
complete the required improvements, and initiate cancellation of the lease
or reduce the term of the lease to a period consistent with the portion of the
improvements substantially completed in a timely manner according to the
best interests of the City.
(B) If the application is for a lease extension, the City shall terminate the
amendment extending the term of the lease or reduce the term of the
extension at the City’s sole discretion.
21.10.090 Principles and Policy of Lease Rates.
(a) Annual rent shall be computed by multiplying the fair market value of the land by the lease
rate percentage for each parcel inside the airport reserve. The annual rent for each parcel
inside the airport reserve shall be published in the City’s schedule of fees adopted by the
City Council; and
(b) The City shall determine the Fair Market Value of all land within the Airport Reserve
annually based on the latest appraisal conducted for the City by a qualified real estate
appraiser and adjusted annually based on the rate of inflation determined by the
Consumer Price Index; and
(c) The City shall conduct an Airport Market Analysis once every ten (10) years to determine
whether a market adjustment in either fair market value or lease rate percentage is in the
best interests of the City; and
(d) If the City determines from the Airport Market Analysis that a market adjustment to the
lease rate percentage is in the best interests of the City, the new lease percentage shall
be utilized to compute annual rents for the next fiscal year; and
(e) If the Airport Market Analysis or extraordinary circumstances determine a fair market value
adjustment is in the best interests of the City, the City shall retain the services of an
independent, real estate appraiser certified under Alaska state statutes with experience in
appraising airport property to determine the Fair Market Value of all land within the Airport
Reserve and shall use these values to compute annual rents for the next fiscal year.
(f) The City shall adjust the annual rent of a lease by giving the lessee written notice at least
thirty (30) days in advance of the expiration of the previous adjustment period; and
(g) The annual rent of any individual lease may not increase by more than 50% based on CPI
in any given five (5) year time period for leases for aeronautical purposes. The annual rent
may be adjusted by an Airport Market Analysis or Appraisal resulting in an increase greater
than 50 % in any given five year period for all leases; and
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(h) If a lessee disagrees with the proposed change in rent, (excluding CPI determinations,
which cannot be appealed) and cannot informally resolve the issue with the City the lessee
must:
(1) Provide notice of appeal in writing within ninety (90) days supported by the written
appraisal of a qualified real estate appraiser, selected and paid for by lessee (the
“Second Appraiser”); and
(2) The City and the lessee shall promptly meet to attempt to resolve their differences
between the First Appraiser and the Second Appraiser concerning the fair market
value of the premises or lease rate percentage; and
(3) If the City and lessee cannot agree upon such value then, with all deliberate speed,
they shall direct the First Appraiser and the Second Appraiser to expeditiously and
mutually select a third qualified real estate appraiser, paid for jointly by the parties
(the “Third Appraiser”); and
(4) Within thirty (30) days after the Third Appraiser has been appointed, the Third
Appraiser shall decide which of the two (2) respective appraisals from the First
Appraiser and the Second Appraiser most closely reflects the fair market value or
lease rate percentage of the premises; and
(5) The fair market value or lease rate percentage of the premises shall irrefutably be
presumed to be the value contained in such appraisal selected by the Third
Appraiser, and the rent shall be re-determined based on such value; and
(6) Notwithstanding anything to the contrary herein, rent shall continue to be paid at
the then-applicable rate until any such new rental rate is established, and lessee
and the City shall promptly pay or refund, as the case may be, any variance in the
rent, without interest thereon accruing to the extent to be paid/refunded in a timely
fashion.
21.10.100 Temporary Development Incentives
(a) The City Council may include in a lease a temporary rent incentive to encourage
investment as follows:
(1) A credit may be applied toward rent for a maximum of five (5) years. The credit
may only include the value of site preparation work on the leased premises to
include clearing and grubbing, unclassified excavation, classified fill and back fill,
a crushed aggregate base course and utility extensions.
(2) An estimate of the value of the work, including a scope of work, prepared by a
qualified engineer licensed to work in Alaska must be provided to the City and
accepted prior to work being performed.
(3) Any changes to the estimate of the value of the work or scope of work must be
provided to the City and accepted prior to work being performed.
(4) For the credit to be applied, the approved scope of work must be completed.
(5) A certification from a qualified engineer that the accepted scope of work has been
completed must be provided to the City and accepted at the completion of the site
preparation work.
(6) Credit will be limited to original qualified engineer’s estimate unless another
amount is accepted by the City in advance of work being completed.
(7) Once the work is completed as proposed and the qualified engineer’s certification
of completion has been received, a credit shall be applied to the lease payments,
prorated as necessary for a maximum of five (5) years.
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21.10.105 Ownership of Improvements.
(a) Permanent improvements on the premises, excluding site development materials,
constructed, placed, or purchased by the lessee remain the lessee’s property as long as
a lease for the premises remains in effect with the lessee, including renewals, any period
of extension approved by the City pursuant to the provisions of this Chapter, or any period
of holdover.
(b) Unless otherwise provided in a land lease or the department otherwise directs under (f) of
this section, at the expiration, cancellation, or termination of a lease that is neither
extended nor followed by a successive lease, the departing lessee may do one or more
of the following:
(1) remove lessee-owned permanent improvements from the premises, remediate
any contamination for which the lessee is responsible, and restore the premises to
a clean and neat physical condition acceptable to the City within 90 days after the
expiration, cancellation, or termination date of the lease; or
(2) sell lessee-owned permanent improvements to the succeeding lessee, remove all
personal property, remediate any contamination for which the lessee is
responsible, and leave the premises in a clean and neat physical condition
acceptable to the City within 60 days after notice from the City that the City has
approved an application for a lease of the premises by another person or such
longer period specified in the notice, but in no event more than 180 days after the
expiration, termination, or cancellation date of the lease;
(c) If the lessee does not timely remove or sell the lessee-owned permanent improvements
on a premises in accordance with the requirements of this section, any remaining
permanent improvements and any remaining personal property of the departing lessee
will be considered permanently abandoned. The City may sell, lease, demolish, dispose
of, remove, or retain the abandoned property for airport use as the City determines is in
the best interest of the City. The lessee shall, within 30 days after being billed by the City,
reimburse the City for any costs reasonably incurred by the City, including legal and
administrative costs, to demolish, remove, dispose, clear title to, or sell the abandoned
property and to remediate and restore the premises.
(d) Site development materials that a lessee completes or places on a premises become part
of the City-owned realty and property of the City upon completion or placement. The
lessee
(1) Must maintain the site development work and site development materials
throughout the term of the lease or successive lease, including any extensions and
periods of holdover; and
(2) May not remove the site development materials unless the City approves in writing.
21.10.110 Lease Utilization.
Leased lands shall be utilized for purposes within the scope of the application, the terms of the
lease and in conformity with the ordinances of the City, and in substantial conformity with the
Comprehensive Plan and Airport Master Plan. Utilization or development for other than the
allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any
time.
21.10.120 Bidding Procedure.
With the approval of the City Council, the City Manager may designate a specific lot or lots to be
leased through competitive sealed bid. In a sealed bid offering, the City Manager shall award the
lease to the qualified bidder utilizing a procurement procedure which may consider qualitative
factors in addition to the amount of any one (1) time premium payment to be paid by the successful
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bidder. Provided however, that high bidder and the bidder’s lease proposal shall be subject to all
provisions of lease application review and approval under this chapter.
21.10.130 Lease Execution.
When issuing a lease to an applicant, the City shall hand deliver or mail the document to the
applicant. The applicant shall have sixty (60) days from the date on which the lease is hand
delivered to the applicant or mailed within which to execute and return the lease to the City
Manager. If the applicant shows good cause to the City Manager, and the Manager determines
the action is not inconsistent with the City’s best interest, the Manager shall grant an extension
not exceeding sixty (60) days for the applicant to execute and return the lease. Upon the failure
of the applicant to timely execute and return the lease agreement, the City Manager shall withdraw
the offer of the lease in writing.
21.10.140 Form of Lease.
(a) When leasing land under this chapter, the City Manager shall use a standard lease form
that is:
(1) Drafted to:
(A) Provide a reasonable basis for the lessee’s use of the premises,
(B) Foster the safe, effective, and efficient operation of the airport,
(C) Conform with the applicable requirements of the KMC, including this
chapter, Alaska statutes, Federal Aviation Administration regulations, and
other applicable Federal law, and
(D) Provide for the best interest of the City.
(2) Approved as to form by the City Attorney; and
(3) Adopted by resolution of the City Council.
(b) The City Manager may enter into a land lease that deviates from the standard form adopted
under subsection (a) of this section, if:
(1) The City Manager believes the action is in the best interest of the City;
(2) The lease is approved as to form by the City Attorney; and
(3) The lease is approved by resolution of the City Council.
21.10.150 Payments.
(a) Upon execution of the lease, the lands become taxable to the extent of its leasehold
interest and lessee shall pay all real property taxes levied upon such leasehold interest in
these lands, and shall pay any special assessments and taxes as if the lessee was the
owner of the land.
(b) Rent shall be paid annually in advance. The payments shall be prorated to conform to the
City of Kenai’s fiscal year beginning July 1 and ending June 30. The lessee shall have the
option of making payments on a monthly basis.
(c) Lessee shall be responsible for all sales taxes applicable to its operations or due on
payments under the lease.
21.10.160 Acquisition of Real Property.
The City, by authorization of the City Council, expressed in a resolution for such purpose, may
purchase, acquire an interest in or lease real property needed for a public use within the airport
reserve on such terms and conditions as the Council shall determine, but no purchase shall be
made except for Fair Market Value as determined by an appraisal performed by a qualified real
estate appraiser.
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Section 2. Leaseholders of existing leases may within two years of the effective date of this
Ordinance convert their current lease to a new lease form approved by the City Council and
governed by the Kenai Municipal Code enacted by this Ordinance, except that the existing lease
terms will not be extended only by virtue of the lease conversion.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, City Clerk
Introduced: January 3, 2018
Enacted: January 17, 2018
Effective: February 16, 2018
80
81
'lftfl~e t11/t/i, a Pa~~ Ct'tj t111'tli a h.tO?e 11
210 Fidalgo Ave, Kenai , Alaska 99611-7794
Telephone: (907 ) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
COPY:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager
FROM: Scott Bloom, City Attorney Y~
DATE: January 3 , 2018
SUBJECT: Leasing of Airport Reserve Lands/Ordinance No. 2998-2018
This Ordinance is the product of an effort by City administration to develop a leasing program at
the airport designed to encourage growth, development and a thriving aviation community. The
City manager's office , finance department, planning department, airport administration and legal
department worked closely with Steve Pavish , an airport consu ltant, and a team from the
McDowell group throughout the process. The team received input from leaseho lders, financial
institutions, airport users, City commissions , and the Council.
Some of the specific main goals the working group tackled included :
1. Making the leasing program more competitive with other airports to attract new leases
and retain existing lease holders;
2 . Reducing large changes in rental rates from year to year;
3 . Developing a process for rent increases that reduced controversy and appeals ;
4 . Simplifying the application process;
5 . Standardizing the leasing process and providing transparency; and
6 . Providing an exit process for leaseholders.
These goals were addressed as follows :
1. Reducing development requirements, increasing the length of potential leases,
allowing ownership of improvements , providing development incentives, and allowing
current lessees to convert to new leases ;
2 . Establishing a process of rental increases based on a consumer price index and
implementing a cap on rent increases for aviation related leases;
3. Eliminating a zone based appra isal process on a five year cycle and moving to a
market analysis approach based on a regular ten year cycle ;
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Subject
4. Eliminating application deposit fees, simplifying the review process and providing clear
instruction;
5. Codifying expectations and opportunities, improving readability of the code, providing
definitions of key terms;
6 . Providing for lessee ownership of improvements and improving/ simplifying renewa l
and extension provisions .
If Ordinance No. 2998-2018 is enacted by the Council , the sponsors of the Ordinance will bring
additional legislation forward appropriately revi sing the City's fee schedule and a new lease form
for approval. This Ordinance has been scheduled for review and recommendation by the Planning
and Zoning Commission on January 10, 2018 and the Airport Comm ission on January 11, 2018.
The Ordinance repeals and re-enacts the Chapter as a whole because the proposed amendments
are so numerous and sections are reorganized in a manner that makes standard line by line
legislative formatting almost impossible to follow . Below is a comparative analysis between the
new Chapter 21.20 proposed by Ordinance No. 2998-2018 and the existing code:
• The title of the Chapter which now reads "Leasing and Acquisition of Airport Reserve
Lands" was amended to include the word "acquisition" as the last section of the Chapter,
section 21.10.160 provides for City acquisition of airport reserve lands .
• 21.10.010-Lease of Airport Reserve Lands , is amended in the title to reflect that it applies
to leasing of airport reserve lands. Section (a) is amended to reflect that the City owns the
property, not the airport independently , consistent with the deeds from the FAA that
transferred the land to the City for a irport purposes . Section (b) was amended to clarify
that the code does not alter terms, obligations ... or rights under existing leases enacted
before the effective date of the ordinance . Th e prior section (c) was deleted in its entirety
as conversion of existing leases is addressed in the Ordinance itself (Section 2), and the
legal department's preference is not to codify provisions that are only re levant for a short
time period.
• 21.10.015 -Definitions, as proposed in the Ordinance is a new section organizing and
providing important definitions that did not previously exist in the code . Thi s is intended to
provide transparency and clarity for all users .
• 21 .10.020-Lands Available for Leasing, is primarily just re-worded for clarity and
readabil ity .
• 21.10.025-Special Use Permits , is a new section of code addressing special use permits.
Use permits were previously addressed in 21 .10 .180 at the end of the Chapter. The new
code section provides additional details on what special use permits are intended for, such
as fueling , parking , unloading , and maneuvering. Special use perm its cannot exceed one
year.
• 21.10.030 -Qualifications of Applicants or Bidders , is materially the same as the existing
code providing for qualifications of applicants or bidders for airport reserve leas es with
minor housekeeping amendments. Consistent with other changes in the proposed
Ordinance this section is amended to not require submission material to be provided
directly to the City Manager, (power of attorney documents in this case) but instead to the
"City" as lease application forms will designate what departments in the City will receive
specific documents.
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Subject
• 21.10.040 -Initial Lease Applications , addresses initial lease applications. The title is
amended from the current code section to clarify that it governs only initial lease
applications, as opposed to applications for renewal or extension.
Subsection (a) deviates from the existing code primarily in that it removes
re ferences to the City Manager, provides for fees to be paid as provided in the
City's fee schedule , does not include an initi al review for completeness, and
does not require a deposit. Providing for fees in the City's fee schedule instead
of in the code allows fees to be adjusted without having to enact a code
amendment. An application deposit was removed because it provides a barrier
to the application process that is not necessary.
Subsection (b) which governs what must be submitted in the initia l lease
application requires less information than what is in the existing code. Much of
the information required previously, such as conformance with various
planning documents will be verified by staff during the review process.
Similarly, the new section does not require verification of a business 's good
financial standing at the lease application submittal stage .
Subsection (c) provides guidance when a subdivision is needed for a lease .
This new section provides more detail as to the process for a subdivision then
what was previously included in 21 .20.040. Rather than requiring a deposit for
a subdivision as required in the old KMC 21 .10 .050, this section makes the
lease applicant directly responsible for the costs of the subdivision unless the
City Council chooses to share in the cost of a subdivision that has a greater
benefit to the Airport.
Subsection (d) puts the applicant on notice that the City can request further
information or clarification on any subject as needed .
• 21.10.050 -No Right of Occupancy -Application Expiration , was previously titled "filing
fee and Deposit" in the existing code and addressed filing fees and application deposits.
This section is no longer needed because filing fees are in the fee schedule and
application deposits are not required . 21 .10.050 in the proposed Ordinance addresses
application expirations and occupancy rights during the application period as provided in
21 .10.060 in the existing code . The differences in 21.10.050 as proposed and 21.10 .060
in the current code are relatively minor, with the except ion that additional time beyond the
12 months and 6 month optional extension is not provided based on time for the applicant
to sign as provided for in the new section addressing lease execution 21.10 .130.
• 21.10.060-Lease Application Review, in the proposed ordinance is similar to 21 .10.070
in the existing code. The section which addresses review of lease applications has been
renamed "Lease Application Review " from "Application processing procedure." Changes
were made to simplify and improve clarity in the process so all parties understand what to
expect. Major changes include :
The new section does not specify who in the City reviews specific documents.
The new section does not provide for the City Manager to be able to reject
complete applications , but instead provide a recommendation for approval or
rejection to the Planning and Zoning Commission and Airport Commission.
The new section provides for publication of lease applications with a date
provided for which any competing applications must be provided .
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Subject
The new section provides for the leases to be brought to the City Council for
approval or rejection along with the City Managers Recommendation and the
Commission 's recommendations .
The section maintains a waiver provision in the existing code for leases to other
governmental entities.
• 21.10.070 -Application for Lease Amendment, Extension or Renewal , is similar to the
existing code provision 21.10 .080 "Lease amendment or renewal." This new section is
much more comprehensive than the existing code and breaks each proposed action out
individually. This new section makes a distinction between a renewal of a lease that only
has less than one year and renewals with more term remaining. For an expiring lease, a
new term can be granted based not only on additional investment, but on the estimated
remaining useful life of the property, a market value appraisal or the purchase price of the
improvements from a proposed purchaser. The concept is to avoid unnecessary
expensive appraisals if possible , and to provide security to an existing lessee who has
maintained their property.
• 21.10.075 -Competing Applications, is a new section of code addressing the procedure
for dealing with competing applications . This is more relevant now that all lease
app lications will be advertised and open to competition . This allows the City to consider
better opportunities for the airport during times of renewal or extension, but also provides
security to existing lessee's in that they can withdraw their application prior to any decision
by Council if they feel they are in jeopardy of losing their existing rights to a new competing
application.
• 21.10.080 -Length of Lease Term , replaces the existing 21 .10.090 addressing the length
of lease terms. The new proposed terms are significantly less onerous on developers.
Previously a $99,000 development would only provide a five year lease, under the new
proposed terms a developer could get a 17 year lease for the same investment.
Additionally, terms of 45 years are offered which comply with FAA requirements, while
previously a 35 year lease was the most a developer could receive. A 45 year lease under
the proposed table would require an investment of $307,500 , while under the old table
$500 ,000 or more is required for a 35 year lease. The new term table is competitive with
other airport leasing programs, whereas the prior term table was one of the most onerous
in the state. The new section of code is intended to be more comprehensive and easier to
follow for all parties. It specifically addresses various options for new leases , extensions
and renewals.
• 21.10.090 -Pr inciples and Policy of Lease Rates , addresses lease rates in compa rison
to the existing 21.10.100. Rather than basing lease rates on an appraisal comp leted every
five years, as provided in the existing section , this new section establishes a rate and
makes annual adjustments based on Anchorage CPI with a market analysis once every
ten years to determine whether adjustments need to be made. This new process is
intended to provide more certainty to lessees while providing a reasonable rate of return
to the airport . The new process is intended to avoid large rate changes once every five
years. The process allows for irregular market analysis's or even an appraisal should
market conditions indicate that such an examination is warranted . For example , if the LNG
project happens and the market changes dramatically, the City could study the market
and make necessary changes to the lease rates to reflect market conditions . There is also
a cap in place for aviation related leases as allowed by the FAA (non -aviation leases are
required to be at fair market value .) However, the cap only applies to CPI increases and
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Page 5 of 5
Subject
not adjustments that are made when warranted by extraordinary market changes. This
new section of code also provides an appeal process when a change to the rent is made
by a market analysis or appraisal. A change based on CPI cannot be appealed as it is not
a rate developed by the City.
• 21.10.100 -Temporary Development Incentives, is a new section of code providing for
temporary development incentives. It essentially allows the lessee to earn up to five year
of lease credits for site preparation work based on the value of the work as determined by
an engineer. Similar opportunities have been offered in recent leases but are not codified .
There is an existing code provision, KMC 21.10.110 that addresses the lessee paying the
City for certain development costs that the City makes, but this was not carried forward in
the new code, as it was not utilized and is less favorable to the City and increases costs
for the lessee.
• 21.10.105 -Ownership of Improvements, is a new provision which provides that
ownership of improvements stays with the lessee and addresses how improvements are
disposed of at the end of a lease. The procedures are modeled after the State's leasing
program and have been included in the City's most recent leases but have not been
codified. This is another example of lease terms that are more favorable to lessees and
make the City of Kenai 's leasing program more competitive with other airports.
• 21.10.110 -Lease Utilization , is similar to the existing code section 21.10.120 with the
same title . The new section is materially the same as the existing , except for that the las t
sentence of the existing section is dropped in the new section because cance llation based
on failure to complete development is addressed elsewhere in code.
• 21.10.120 -Bidding Procedures , is substantially the same as what is currently in
21.10 .130 , with the exception that the new code section allows for evaluation of bids based
on qual itative factors other than just price . This change allows for selection of a project
that might otherwise be in the best interest of the City or airport even if the direct financial
gain to the Airport is less .
• 21.10.130 -Lease Execution, is substantially the same as the existing 21 .10.140 other
than the time allowed for the applicant to sign the leas is extended by 30 days, from 30 to
60, as it is counterproductive to terminate a lease opportunity based on a matter of days
if there is a willing lessee. The time period to complete the lease process from application
to executions is still subject to a one year limitation with a possible extension based on
21.10 .050 (Application Expi ration).
• 21.10.140 -Form of Lease , is materially the same as the existing section 21.10 .150 and
provides guidance while allowing for flexibility in the actual lease documents.
• Existing code sections 21.10.160 -Re-evaluation of rent, and 21.10.170 -Annual minimum
rental , are deleted in the proposed Ordinance as the relevant parts of these sections are
incorporated into the new 21.10 .090-Principles and Policy of Lease Rates, as applicable.
Parts of 21 .10.170 are incorporated into the new 21.10.150 -Payments, addressing the
taxability of leasehold interests, sales taxes and lease payment timing .
• 21.10.160 -Acquisition of Real Property, which provides procedures for purchasing airport
reserve land is similar to existing section 21.10.190 of the existing code with the same
name , other than subsection (b) of the existing code is dropped going forward as it does
not appear to add any value or direction.
86
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2018-01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING THE
CITY COUNCIL ENACT ORDINANCE 2998-2018 REPEALING , RENAMING AND RE-
ENACTING KENAI MUNICIPAL CODE CHAPTER 21.10-LEASING OF AIRPORT RESERVE
LANDS TO ENCOURAGE GROWTH, DEVELOPMENT AND A THRIVING AVIATION
COMMUNITY THROUGH RESPONSIBLE LAND POLICIES AND PRACTICES .
WHEREAS, the Planning and Zoning Commission rev iews and makes recommendations for
new leases on City land within the Airport Reserve; and ,
WHEREAS , the Planning and Zoning Commission supports changes to the Airport Reserve
leasing program that encourages growth and development of t he airport and make it a more
compet itive environment for new businesses to loca te ; and ,
WHEREAS , the Planning and Zoning Comm ission supports changes to the leasing program
that assists current lessee's by reducing large changes in rent from year to year, allows for
conversion to leases and ownership of improvements by the lessee at the end of the lease ; and ,
WHEREAS , the Planning and Zoning Comm ission supports amendments to KMC Chapter
21.10 tha t pro vide transparency and cons istency in the leas ing prog ram ; and ,
WHEREAS , Ordinance 2998-2018 maintains the role of the Planning and Zoning Commission in
the leasing program on the airport reserve ; and ,
WHEREAS , Ordinance 2998-2018 is consistent with the goa ls of the Pla nning and Zoni ng
Commissio n for the A irport.
NOW, THEREFORE , BE IT RECOMMENDED TO THE COUNCIL OF THE CIT Y OF KENAI,
ALASKA ,
That the City Council enact Ordinance 2998-2 01 8 .
PASSED BY THE PLANNING AND ZONING
ALASKA , this 101h day of January, 2018.
OF THE CITY OF KENA I,
87
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2018-02
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AUTHORIZING
REDIRECTION OF PREVIOUSLY APPROPRIATED FUNDS FROM A COMPLETED ROAD
MAINTENANCE CAPITAL PROJECT TO A NEWLY IDENTIFIED PROJECT .
WHEREAS , the Inlet Woods Storm Drain project is complete and the remaining funds are
available for other projects ; and,
WHEREAS , during the design of the Ryan 's Creek Culvert Outflow Repair a second culvert
outflow was discovered nearby that is also threatening to undermine Frontage Road ; and ,
WHEREAS , this redirection will provide funding for the design of the repair , and most or all of the
funding required to repair it.
NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA :
Section 1. That $38,024.16 remaining after completion of a project to repair storm water
drains in Inlet Woods Subdivision be redirected and combined with $48 ,000 previously
appropriated for repair of outflow culverts for Ryan's Creek.
Sect ion 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17th day of January , 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz , City Clerk
Approved by Finance :;j ltz T &b~
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'lftfl~e «1/t/i a Po.J'~ Ct'tj «1/t/i 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 ? O .
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5;Vtfltl
January 10 , 2018
Resolution 2018-02 -Moving funds from Inlet Woods to Ryan 's Creek
Culvert Project
The purpose of this memo is to provide supporting information for the resolution authorizing
redirection of previously appropriated funds from the Inlet Woods Storm Drain project to the
Ryan 's Creek Culvert Outflow Repair project.
The Inlet Woods Storm Drain project is complete and the remaining funds are available for other
projects .
During the design of the Ryan 's Creek Culvert Outflow Repair a second culvert outflow was
discovered nearby that is also threatening to undermine Frontage Road . This transfer will
provide funding for the design of the repa ir , and most or all of the funding required to repair it.
After the design and estimate to construct is complete the City may need to appropriate additional
funding before bidding the project. I anticipate that if we need additional funding it will not exceed
$10 ,000 .
Thank you for your consideration.
Attachment
Map of culverts
89
_____________________________________________________________________________________
Sponsored by: Council Member Glendening
CITY OF KENAI
RESOLUTION NO. 2018-03
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING A POLICY
TO PROVIDE FOR A STUDENT REPRESENTATIVE FOR THE PARKS AND RECREATION
COMMISSION.
WHEREAS, it has been the practice of the City of Kenai to appoint a Kenai Central High School
student to a seat on the Parks and Recreation Commission; and,
WHEREAS, it is recognized that the input received from a Student Representative is beneficial to
the Commission and the Parks and Recreation Department; and,
WHEREAS, it is appropriate to have a policy in place outlining the role of the Student
Representative recognizing the benefits and limitations of a non-voting member of the
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That Council Policy No. 2018-01: Parks and Recreation Commission Student
Representative Policy, attached, is approved.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of January, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, City Clerk
90
POLICY NO. 2018-01: Parks and Recreation Commission Student Representative
Policy
Purpose
The purpose of this policy is to provide for a Student Representative for the Parks and
Recreation Commission
Scope
This policy applies to the Parks and Recreation Commission and all Student Representatives
appointed to the Parks and Recreation Commission.
Policy
It is important to seek out and consider students' ideas, viewpoints and reactions to Parks and
Recreation decisions. In order to provide student input and involvement, the Mayor of the City
of Kenai, may appoint a Student Representative to the Parks and Recreation Commission and
the Student Representative may participate in the Parks and Recreation Commission meetings
pursuant to the following:
1. Limitations, Qualifications, and Requirements:
a. The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast in rotation with the official
Commission vote and shall not affect the outcome of a vote. Advisory votes shall be
recorded in the meeting summaries. Student Representatives may not move or
second items during a Commission meeting.
b. The student shall be a junior or senior in good standing at the Kenai Central High
School.
c. The student shall be elected by the Student Council of Kenai Central High School,
subject to approval of the KCHS administration.
d. The student shall attend all Parks and Recreation Commission meetings and work
sessions, unless excused by the Parks and Recreation Director.
e. The student should have an interest in public service.
f. The student should use this opportunity as a way to develop leadership skills.
g. The student will communicate with Student Council Members at Kenai Central High
School to provide information and seek feedback from other students on Parks and
Recreation issues affecting young people.
Effective Date: Approved by Resolution 2018-03
BRIAN GABRIEL SR., MAYOR
ATTEST:
Jamie Heinz, City Clerk 91
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1'v;ff~ «1/t/i a Pair~ Ot'tf «11'tli a Fat«Pe 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:
Mayor Gabriel and Council Members Navarre, Pettey, Knackstedt, Boyle,
Molloy, and Student Representative Gilman
Council Member Glenden ing / f .Jf:
January 11 , 2018
Resolution No. 2018-03 -Adopting a Policy to Provide for a Student
Representative for the Parks and Recreation Commission.
It has been the practice of the City of Kenai to appoint a Student Representative to the Parks and
Recreation Commission and the City recognizes the benefit to having the ideas, viewpoints, and
reactions from a Student Representative in Parks and Recreation decisions.
The policy provided, if adopted, provides for a specific Student Representative seat that does not
count toward the seven Commission members and outlines the role of the Student
Representative.
Your consideration is appreciated.
KENAI CITY COUNCIL – REGULAR MEETING
JANUARY 3, 2018 – 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 January 3, 2018, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor 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, City Clerk Senior Center Director, Kathy Romain
Sean Wedemeyer, Public Works Director Jacquelyn Kennedy, Deputy Clerk
Cindy Herr, Legal Administrative Assistant Angie Clary, Senior Center Administrative Assistant
3. Agenda Approval
Mayor Gabriel noted the following additions to the packet:
Remove Item B.3. Dean Williams, Commissioner, Alaska Department of Corrections
• Email
Add to Item D.1. Ordinance No. 2992-2017
• Informational memo, maps, as built, documentation of
construction
Remove Item G.10. Set a Board of Adjustment Hearing Date
• Informational memo
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City of Kenai Council Meeting Page 2 of 11
January 3, 2018
MOTION:
Council Member Molloy MOVED to approve the agenda with the requested revisions 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; there being no one 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
1. Kenai Senior Connection – Senior Center Atrium Project and March for Meals
Donation.
Velda Geller of Kenai Senior Connection, thanked everyone for what was done with the Atrium.
Great appreciation was expressed. She invited Council members to visit the Senior Center and
see the new Atrium. Council members thanked the Senior Center for what they do for the
community and appreciated the cookies brought to the meeting.
The Kenai Senior Connection presented a check of $50,000 to the Kenai City Council for the
Senior Center Budget as raised from the March for Meals Fundraiser. It was noted and
recognized that the money was donated by the generous people of the community.
2. Robert Ruffner, Member of the Alaska Board of Fisheries
Ruffner presented the 2014/2016 Integrated Water Quality Monitoring and Assessment Report.
He noted that the federal Clean Water Act requires each state to monitor and report every two
years on the quality and status of its waters. In recent news, it is being proposed that the Kenai
River is declared to having problems with turbidity. He offered clarification as to what it means
and that turbidity in the Kenai River was not the highest concern year round based on the study
done. Ruffner noted that the State of Alaska was delegated the authority under the Clean Water
Act to report every two years on the status of the bodies of water. The standards were set up to
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City of Kenai Council Meeting Page 3 of 11
January 3, 2018
meet this requirement and classified the waters for what types they are. He added that the Kenai
River was being classified for the drinking water source standard, and recreation and secondary
context standards. He further noted that the Kenai River was not being classified for fish and
wildlife standards as the month of July was the main timeframe with excess levels of turbidity.
3. Dean Williams, Commissioner, Alaska Department of Corrections – Wildwood
Correctional Work Release Program.
[Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.]
MOTION:
Council Member Navarre MOVED to take up Ordinance No. 2994-2017 as Public Hearing Item
D.1; the motion was SECONDED by Councilor Glendening who requested UNANIMOUS
CONSENT.
VOTE: There being no objections, SO ORDERED.
C. UNSCHEDULED PUBLIC COMMENTS
Rachael Craig spoke in support and applauded the Kenai Senior Connections for the donation
and the new Atrium at the Senior Center. Craig complimented the contractors as they took into
consideration the seniors, cleanliness, the space provided, kept officials well informed, and added
that the new view is incredible. Craig thanked City Council, staff, Senior Center management, and
Kenai Senior Connections for the positive relationship. She added that it was a great achievement
by Kenai Senior Connection and the community for the $50,000 raised.
D. PUBLIC HEARINGS
3. Ordinance No. 2994-2017 – Increasing Estimated Revenues and Appropriations in
the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the
Meals-on-Wheels Program from Subaru of America, Inc. and Meals on Wheels
Association of America.
[Clerk’s Note: This item was moved to be taken up first under public hearings.]
MOTION:
Council Member Navarre MOVED to enact Ordinance 2994-2017 and Council Member Molloy
SECONDED the motion.
Mayor Gabriel opened the public hearing.
Senior Center representative Carrie spoke in support of the new Subaru transportation. She noted
the safety features and easier driving in Alaska winter when delivering meals; expressed
appreciation.
There being no one else wishing to be heard, public comment was closed.
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City of Kenai Council Meeting Page 4 of 11
January 3, 2018
Administration clarified that it was not the standard Subaru, and the extras included: Bluetooth
capabilities which allowed cell phone use instead of handheld radios; that it was all-wheel drive
with new winter tires, excellent gas mileage, heat plug-ins, and a sun roof.
VOTE:
YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
1. Ordinance No. 2992-2017 - Waiving the Requirements of KMC 17.20.010 -
Mandatory Connections and Abandonment of Old On-Site Sewer Systems, for 2737
Iliamna Road.
Council Member Knackstedt MOVED to enact Ordinance 2992-2017 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened the public hearing.
Mike Chivers, owner of property, noted he had sewage backup problems in the winters before
and a pump truck and was able to address the issue previously but not this year. He contacted
the City found that the specific sewage line details were vague and did not provide the information
needed. Ultimately, as outlined in the ordinance, a request for a waiver on the requirements was
made.
There being no one else wishing to be heard, public comment was closed.
It was clarified that it was understood that the building was connected to City sewer and, as such,
was billed for it, but investigation did not reveal where the connection to the City sewer was made.
It was further clarified that the code stated homeowners were responsible for service lines up to
the sewer main and also, without any exception, if connections were within 200 feet of the building,
the property owner was required to hook up to the city system which was purpose behind the
ordinance.
Sewer main extension, service lines across the Right-of-Way (ROW), others possibly affected by
the septic system, past and future sewer billing for the property owner, were topics discussed.
Administration clarified that no negative action would be taken against the property owner before
the issue was resolved.
MOTION:
Council Member Navarre MOVED to postpone addressing Ordinance No. 2992-2017 to the
January 17, 2018 Council meeting and requested UNANIMOUS CONSENT; Council member
Glendening SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
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City of Kenai Council Meeting Page 5 of 11
January 3, 2018
2. Ordinance No. 2993-2017 – Amending Kenai Municipal Code Chapter 14.25-
Landscaping/Site Plan Regulations, to Require Landscaping and Site Plans for All
Retention Basins, Commercial, Industrial and Multifamily Development and Land
Clearing in Certain Zones in the City and Making other Material and Housekeeping
Changes.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2993-2017 and the motion was
SECONDED by Council Member Boyle.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
There was discussion regarding the ordinance accomplishing a goal of the City’s Comprehensive
Plan 2016 or whether Ordinance No. 2960-2017 was effective in accomplishing the goal. Concern
was expressed with whether the ordinance was, “pro-business.”
It was noted that the ordinance made it easier for the City Planner to administer because it
eliminated disputes over percentage of land cleared or trees cut before the plan was submitted
for review.
There was objection to the Ordinance until further discussion occurred between Council
members.
MOTION TO POSTPONE:
Council Member Molloy MOVED to postpone to the February 7 Council meeting and requested
UNANIMOUS CONSENT; Councilor Boyle SECONDED.
Unanimous consent was objected.
VOTE ON POSTPONEMENT:
YEA: Molloy, Knackstedt, Boyle, Gabriel, Navarre, Pettey, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 2994-2017 – Increasing Estimated Revenues and Appropriations in
the Senior Citizen Fund for the Donation of a 2018 Subaru Outback Vehicle for the
Meals-on-Wheels Program from Subaru of America, Inc. and Meals on Wheels
Association of America.
[Clerk’s Note: This item was moved to be taken up first under public hearings.]
4. Resolution No. 2018-01 – Adopting the City of Kenai Capital Improvements Plan
Priority Lists for State Funding Requests for the Fiscal Year 2019.
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January 3, 2018
MOTION:
Council Member Molloy MOVED to adopt Resolution No. 2018-01 and the motion was
SECONDED by Council Member Boyle.
Mayor Gabriel opened the public hearing; there being no one wishing to be heard, public comment
was closed.
Justification was provided for the priority listing based on funds availability for projects. It was
clarified that with Capital funding down, having these priorities in front of the legislature was
important to show the City still had Capital Projects.
It was agreed that a replacement fund for City owned buildings could be beneficial.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the motion to list priority three before priority two
and requested UNANIMOUS CONSENT; the motion was SECONDED by Council Member
Glendening.
Unanimous consent was objected on the amendment.
It was suggested that when the funding becomes available, administration could bring a
recommendation to Council as to where the funds would be applied; not all funds to the higher
priority.
MOTION TO AMEND THE AMENDMENT:
Council Member Navarre MOVED to amend the amendment to swap the language positions of
the priority three and priority two but give them the same priority number of two; the motion was
SECONDED by Councilor Knackstedt.
VOTE ON AMENDING THE AMENDMENT:
YEA: Molloy, Knackstedt, Gabriel, Navarre, Pettey, Glendening
NAY: Boyle
MOTION PASSED.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Gabriel, Navarre, Pettey, Glendening
NAY: Molloy, Boyle
MOTION PASSED.
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January 3, 2018
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Gabriel, Boyle, Navarre, Molloy, Pettey, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
E. MINUTES
1.*Work Session of November 29, 2017
Meeting minutes approved by the consent agenda.
2.*Regular Meeting of December 6, 2017
Meeting minutes approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000.
Approved by the consent agenda.
3. *Action/Approval – Non-Objection to Liquor License Renewals for:
• Country Liquor
• Uptown Motel/Back Door Lounge
• Uptown Motel/Louie’s
• The Upper Deck
• Fraternal Order of Eagles #3525
Approved by the consent agenda.
4. *Ordinance No. 2995-2018 - Accepting and Appropriating a Federal Grant from the
Institute of Museum and Library Services (IMLS) Passed Through the Alaska State
Library for Employee Travel and Training.
Introduced by the consent agenda and public hearing set for January 17, 2018.
5. *Ordinance No. 2996-2018 – Authorizing a Budget Transfers in the Public Safety
Improvements Capital Project Fund and the Animal Control Facility Improvements
Capital Project Fund for the Transfer of Remaining Balances from Completed Capital
Projects to the City Dock Repair Capital Project Fund and Appropriating such
Transfers and Insurance Proceeds Received from the City’s Insurer to Complete
Repairs to Damage Sustained from the Magnitude 7.1, January 2016 Southcentral
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January 3, 2018
Alaska Earthquake and for the Installation of a New Cathodic Protection System and
Other Repairs.
Introduced by the consent agenda and public hearing set for January 17, 2018.
6. *Ordinance No. 2997-2018 – Amending Kenai Municipal Code 14.20.330- Standards
for Commercial Marijuana Establishments, for Purposes of Consistency with the City’s
Land Use Table.
Introduced by the consent agenda and public hearing set for January 17, 2018.
7. *Ordinance No. 2998-2018 – Repealing, Renaming and Re-Enacting Kenai Municipal
Code Chapter 21.10-Leasing Of Airport Reserve Lands to Encourage Growth,
Development and a Thriving Aviation Community Through Responsible Land Policies
and Practices.
Introduced by the consent agenda and public hearing set for January 17, 2018.
8. Action/Approval – Special Use Permit for the Challenger Learning Center of Alaska
to Continue Use of a Donation Kiosk in the Kenai Airport Terminal.
MOTION:
Council Member Knackstedt MOVED to approve the Special Use Permit for the Challenger
Learning Center of Alaska to continue use of a donation kiosk at the Kenai airport terminal and
requested UNANIMOUS CONSENT. The motion was SECONDED by Council Member Boyle.
VOTE: There being no objections, SO ORDERED.
9. Action/Approval – Special Use Permit for Schillings Rentals for Snow Storage.
MOTION:
Council Member Molloy MOVED to approve a Special Use Permit for Schillings Rentals for snow
storage and requested UNANIMOUS CONSENT. The motion was SECONDED by Council
Member Knackstedt.
VOTE: There being no objections, SO ORDERED.
10. Action/Approval – Set a Board of Adjustment Hearing Date.
[Clerk’s Note: This item was removed from the agenda during Approval of the Agenda.]
VOTE: There being no objections, SO ORDERED.
11. Action/Approval – Mayoral Appointment of Council Member Bob Molloy to the
Supervisory Sub-Committee.
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January 3, 2018
MOTION:
Council Member Knackstedt MOVED to confirm the appointment of Council Member Bob Molloy
to the Supervisory Sub-Committee and requested UNANIMOUS CONSENT. The motion was
SECONDED by Council Member Glendening.
VOTE: There being no objections, SO ORDERED.
12. Discussion – Code Language Change for disposal of Obsolete or Surplus Goods.
It was reported that the first-time online auction of surplus items was a success; requested
direction from Council, for a code change to provide that anything valued at $10,000 or less,
administration be allowed to make the decision if it would be determined obsolete. There was no
objection.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – No report; next meeting January 11.
2. Airport Commission – No report; next meeting January 11.
3. Harbor Commission – It was reported that at the December 11 meeting the
Commission continued discussion of defining their roles and responsibilities; next
meeting January 8.
4. Parks and Recreation Commission – It was noted their December 7 meeting summary
was in the packet and the Commission discussed re-examining the golf lease and
several trails in Kenai; next meeting January 4.
5. Planning and Zoning Commission – It was reported that at the December 13 meeting
the Commission considered and approved two plats and overturned their vote denying
a Marijuana Retail Store Conditional Use Permit; next meeting January 10.
6. Beautification Committee – No report; next meeting January 9.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended a salmon habitat forum;
• Traveled to Boston and visited family for the holidays;
• Coffee with the Mayor Cancelled for 1/6.
J. ADMINISTRATION REPORTS
1. City Manager – P. Ostrander reported on the following:
• Working with fire department to purchase new fire truck;
• Attended a Kenai River Special Management Area meeting;
presented Silver Salmon Derby data;
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City of Kenai Council Meeting Page 10 of 11
January 3, 2018
• Heard presentation on turbidity report from Alaska Department of
Environmental Conservation;
• Participated in the Lego and American Girl Club at the Library;
• Met with the Department of Transportation Deputy Commissioner
in charge of Airports and discussed future plans for the BEACON
facility;
• Mayors and managers of the area met with the Governor;
• Attended Sullivan and Murkowski open house and then Council
meet and greet;
• Met with Aurora Borealis Charter School principal who is looking at
expanding K-8 school to K-12; looking to help keep the school in
Kenai;
• Noted the Department of Corrections Commissioner was unable to
attend tonight; provided an update on the electronic monitoring
program at Wildwood Correctional Center
• Commended the Senior Center Director on the acquisition of the
Subaru;
• Reported the Agency Decision Milestone had been reached in the
Bluff Erosion Project; next step, Director’s Report in April.
2. City Attorney – City Attorney Bloom noted he and the City Manager’s office were
attending an upcoming Planning and Zoning Commission meeting and Airport
Commission meeting regarding the Airport leasing ordinance.
3. City Clerk – City Clerk J. Heinz reported on the following:
• Held a shred day on December 14;
• Anticipated the Board of Adjustment appeal to be cured pursuant to
code; asked that a hearing be scheduled administratively to prevent
further delay;
• Cemetery Expansion project was out for proposal.
Council Member Navarre declared conflict regarding the Board of Adjustment Appeal because he
was in the ownership group of the building and the applicant was his nephew.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
None.
2. Council Comments
Council Member Pettey wished all a prosperous 2018; excited for the Subaru and meals donation;
suggested sending a thank you letter to Subaru.
Council Member Glendening noted he attended the Meet & Greet on December 20 and enjoyed
the fireworks on New Year’s Eve.
Councilor Knackstedt noted that the Kenai Historical Society Meeting would be on January 7 at
1:30PM; also attended the Meet & Greet on December 20.
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January 3, 2018
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 January 3,
2018.
_____________________________
Jamie Heinz, CMC
City Clerk
103
104
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2992-2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, WAIVING THE
REQUIREMENTS OF KMC 17.20.010-MANDATORY CONNECTIONS AND ABANDONMENT
OF OLD ON-SITE SEWER SYSTEMS, FOR 2737 ILIAMNA ROAD.
WHEREAS, the owner of 2737 lliamna Road, Mike Chivers, has approached the City to request
the waiver of KMC 17.20.010 -Mandatory Connections and Abandonment of Old On-Site Sewer
Systems; and,
WHEREAS, the sewer service at the four unit apartment building at 2737 lliamna Road failed;
and,
WHEREAS, attempts at locating the failure in the sewer line serving this property were
unsuccessful; and,
WHEREAS, because of the expense and timeliness of installing a sewer main and service line to
serve this property, Mike Chivers has requested an exception to the requirements of KMC
17.20.01 O; and,
WHEREAS, if the exception is granted, the owner of 2737 lliamna Road will continue to pay a
monthly fee equal to the amount he would pay if his property was connected to the City sewer
system; and,
WHEREAS, this will offset the loss of revenue the City would have received through sewer
payments meeting the intent of the code provisions being waived to help the City recoup the costs
associated with maintaining sewer mains.
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. The requirements of KMC 17.20.010 are hereby waived for 2737 lliamna Road .
Section 3. Mike Chivers will pay the City the monthly fee for sewer service and the City
Manager is authorized to execute an agreement memorializing the same
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction , such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances .
105
Ordinance No. 2992-2017
Page 2 of 2
The City Council hereby declares that it would have enacted the remainder of th is ordinance even
without such part, provision, or application .
Section 5. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 17tn day of January 2018.
ATTEST:
Jamie Heinz, City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced : December 6, 2017
Enacted: January 17, 2018
Effective: February 16, 2018
106
'l!/ff ate «1/tlt a Pa.s'~ Ct'tj «1/tlt a rat~ II
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 Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager? a ·
Sean Wedemeyer, Public Works Director/Capital Projects Manager 5;11 Lt(
November 6, 2017
Ordinance Waiving KMC 17.20.01 O for 2737 lliamna Rd.
Mike Chivers has approached the City to request the waiver of KMC 17 .20.010 -Mandatory
Connections and Abandonment of Old On-Site Sewer Systems.
The request is for 2737 lliamna Rd. An apartment building with four units is located on this parcel.
On October 16 one of his tenants made Mr. Chivers aware that sewage was backing up into the
building. He called Peninsula Pumping who were unsuccessful in clear ing the sewer service
line . He called Roto-Router who lanced the service line for 300 '. They did not find an obstruction .
Neither contractor had any suggestions to fix his sewer service line . Mr. Chivers paid for an on-
site porta-potty and his tenants' off-site showers while he searched for a solution.
On October 17 Brent Jacobs, Water & Sewer Foreman , met with Mr. Chivers onsite. It was
determined that his service line crossed at least one property line, and was more likely to end in
a tank or crib on a d ifferent property rather than the City sewer ma in due to the distance from the
main and direction it was heading . Jacobs checked the C ity mains in the area and found nothing
indicating a blockage.
Mr. Chivers then met with me, and I explained his options. The solution that would have met all
City codes and Alaska Department of Conservation (ADEC) regulations, extending our main 200'
down lliamna Rd ., would require months to execute and cost a minimum of $25 ,000 . Another
solution I detailed was to run a service line parallel to and within the Right of Way. I explained
that he could seek permission to do this , but that I would have to report it is not in the best interest
of the City. T he third option I suggested could be a possibility was an on-site septic system . We
ca lled ADEC and determined this was a viable option. I explained to Mr. Chivers this option
would require City Council to waive KMC 17.20 .010 , and that he should contact the City
Manager, who was out of the office for the remainder of the week.
Believing he had no choice due to time constraints , Mr. Chivers immediately contacted a lice nsed
and bonded eng ineer and contractor and installed an onsite septic system.
107
Page 2 of 2
Mr. Chivers reports that his tenants are low-income , and that without the approval of this waiver
they will likely become homeless, because he cannot afford to extend the City main, and the City
would be required to condemn the building without operating sewer facilities. He has been
paying a sewer bill since 1992, and would continue to pay for sewer if granted this waiver. He
has been paying for water since 2016 , when he connected to our main adjacent to his property.
Adoption of this ordinance would waive the provisions of KMC 17.20.010 . This structure will help
recoup the costs associated with maintaining the City sewer mains while avoiding excessive
costs for Mr. Chivers.
An agreement will be drafted and recorded that will assure that this agreement will go with the
property if ownership changes.
Your consideration is appreciated.
108
'l!/t'ltije «1/t/t, a PaJ'~ Ct~ «1/t/t, a f"atar-e"
210 Fidalgo Ave , Kena i, Alaska 99611-7794
Telephone : (907) 28 3-75 35 I Fax: (907) 283-3014
www. kenai . city
MEMORANDUM
TO:
FROM:
DATE:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager -P. 0 ~
January 11, 2018
SUBJECT: Ordinance 2992-2017 -Mandatory Connection Waiver, additional
requested information
This memo provides the additional information requested by Council at their meeting of
January 3 rd meeting on the above referenced ordinance.
Explanation of Sewer Fees
Sewer fees are charged in two manners. Flat rate , unmetered accounts, and metered
rates. Flat rate accounts are charged according to the business type and other factors which
determine the appropriate fee from the City 's fee schedule . Metered accounts are charged
based upon the number of gallons injected into the City 's system with established minimum
billing amounts. Metering of sewage flow is possible however metering typically takes place on
incoming water. Metering of water is cleaner and easier than metering sewage . The
assumption is that each gallon of water flowing into a structure leaves the structure as
sewage. Not a perfect assumption but for the most part materially accurate . In cases , like
businesses with lawn irrigation systems , where s ignificant amounts of water flow into a structure
but do not result in sewage, secondary meters are allowed to document the non-sewage
produ cing volume of water. Any documented non-sewage producing volume of water will not be
charged a per gallon fee for sewage .
The follow ing is the potential applicable sewer rates:
1. Schedule A -General Domestic Service Rates (non-metered):
• One or two family residence , per family unit $51.42
• Single or double unit apartment, per family unit $51.42
• Apartment, 3 or more units on a single parcel , per family unit -
o Single bill assumed by owner $38 .66
o Separate bill $51.42
• Trailers , one or two on single lot, each $51.42
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Page 2 of 2
Subject
• Trailer, 3 or more on single lot
o Si ngle billing $38 .66
o Separate billing $51 .42
• Boarding houses, per available room $13.88
2 . Schedule E -Metered Service :
• General usage, per thousand gallons $5.10
• Minimum monthly charge, general usage $76.48
Historical Information on Mr. Chivers account
Reviewing Mr. Chivers account, the account was established in 1992 by Mr. Weldon Chivers as
Double C Rentals. The account was updated in October 2016 when water connection was
made
Prior to connecting to City water, the account was charged flat rate for sewer. No overage was
billed during the period 1992 through October 2016 because it was flat rate . There have been
difficulties in the functioning of Mr. Chivers meters since installation and it appears only recently
that accurate readings been made. Since installation of the meter each month with one
exception has billed at the monthly minimum . The exception month was billed for excess based
upon an estimated read as no reading was available. Subsequent months returned to bills
based on monthly minimums.
For Mr. Chivers , the flat rate for the 4 ple x on the property is $154.64 I month and the monthly
minimum charge for sewer on a metered service is $76.48 I month .
Potential Whereas Clause
A whereas clause could be added to the ordinance that would limit the length of this waiver such
as :
W H EREAS , it is the intent of the City to require the owner of 2737 lliamna Road to connect to
the City sewer system when the on-site sewer system on the property is due fo r rep lacement.
Waiver Agreement
The draft waiver ag reement is attached for your reference .
If the changes proposed by ordinance 3005-2018, amending mandatory connection
requirements with in the City is approved by Council as drafted , ordinance 2992-2017 will no
longer be necessary as Mr. Chivers will no longer be required to connect to the City sewer
system .
110
CITY OF KENAI WATER AND SEWER WAIVER AGREEMENT
This Water and Sewer Waiver Agreement is agreed to by and between ___ _
Chjvers , an individual, whose Address is 604 Highbush Lane, Kenai, Alaska 99611 and
the CITY OF KENAI , an Alaskan home rule municipality with an address of 2 I 0
Fidalgo A venue, Kenai , AK 99611 .
Pursuant to Ordinance No . 2992 -2 017, the Kenai City Council agrees to waive the
mandatory sewer connection requirements as they now exist in KMC 17 .20.010 for the
following de scribed proper ty:
Lot 33 Block 9 and the Northwesterly 53.60 feet of Lot 32 , Block 9, Carl F
Ahlstrom Subdivision, according to the Official Plat Thereof, filed under P la t
No. K -216, records of the Kenai Recordfog District, Third Judicial District, State
of Alaska
on the condition and for the consideration that Weld on S. Chivers his successors and
a ssigns, agree to pay the monthly sewer fees as if such connections did exjst and were
utilized. Included in this agreement is the right of the City to lien the property as if such
sewer serv ices were connected and provided if any payment is not made .
This Agreement, runs w ith the land, and burdens the land, and shall continue in time
until sewer serv ices are no longer offered by the C ity or its successors and assigns , or
the City's Ordinances are changed in a manner that make this agreement no longer
applicable, or if the on-site septic system is due for replacement, or the agreement is
mutuall y rescinded by the parties hereto or heirs , s uccessors or assigns of the same.
Thjs Agreement is effective as of the date of the last s ignature.
P age 1 of 3
111
GRANTOR: GRANTEE:
City of Kenai
By:~---------
Date Signature
By:~-----------
(Print Name)
Paul Ostrander
Its : City Manager
ACKNOWLEDGEMENTS
ST A TE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
Date
The foregoing instrument was acknowledged before me this __ day of
______ , 20_, by (Name).
Notary Public for the State of Alaska
My Commission Expires: _____ _
Page 2of3
112
ST ATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 20_,
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
acknowledged the voluntary and authorized execution of the foregoing instrument on
behalf of said City .
ATTEST :
City Clerk
SEAL:
APPROVED AS TO FORM:
Scott Bloom, City Attorney
AFTER RECORDING RETU RN TO:
City of Kenai
210 Fidalgo A venue
Kenai , AK 9961 1
Page 3of3
Notary Public for the State of Alaska
My Commission Expires: _____ _
113
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JANUARY 17, 2018
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
PERS PERS VARIOUS LIABILITY 96,052 .32
INTEGRITY JANITORIAL DEC. SERVICE AT CITY HALL NON-DEPARTMENTAL REPAIR & MAINTENANCE 1,389.00
PRECIOUS JANITORIAL DEC . SERVICE AT LIBRARY LIBRARY REPAIR & MAINTENANCE 2 ,795.00
PRECIOUS JANITORIAL DEC. SERVICE AT TERMINAL AIRPORT REPAIR & MAINTENANCE 4,495.00
PRECIOUS JANITORIAL DEC. SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00
PRECIOUS JANITORIAL DEC. SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00
PRECIOUS JANITORIAL DEC . SERVICE AT VISITOR CTR. VISITOR CENTER REPAIR & MAINTENANCE 928.00
INVESTMENTS
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int.
114
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 2999-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING I
(DECREASING) ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT
EQUIPMENT CAPITAL PROJECT FUND AND AUTHORIZING GRANT AMENDMENTS TO
ADJUST ESTIMATED GRANT PROCEEDS AS A RESULT OF PROCEEDS FROM THE SALE
OF EQUIPMENT PREVIOUSLY PURCHASED WITH FEDERAL AVIATION ADMINISTRATION
GRANT FUNDS .
WHEREAS, as part of the 2017 City Surplus Auction, a 1993 CAT loader, snow bucket, and snow
blade attachment were declared surplus and sold at auction for $81, 799 ; and ,
WHEREAS, the 1993 CAT loader, snow bucket, and snow blade attachment were originally
purchased utilizing Federal Aviation Administration Airport Improvement Project grant funds; and ,
WHEREAS , pursuant to Federal General Grant Requirements, should proceeds from the sale of
equipment purchased with federal funds exceed $5,000, the recipient is required to return such
proceeds to the federal government or in this case the City may offset the grant award for the
replacement equipment; and ,.
WHEREAS , proceeds in the amount of $81, 799 will reduce the accepted grant amount by $76,687
and the City's required 6.25% share by $5, 112.
NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to amend the grant award from the Federal
Aviation Adm inistration for replacement of the 1993 CAT loader to recognize the proceeds from
the surplus sales of the original equipment.
Section 2. That the estimated revenues be increased I (decreased) as follows :
Airport Equipment Replacement Capital Project Fund
Revenues:
Increase I (Decrease) Estimated Revenues:
FAA Grant
Transfer from Airport Fund
Sale of Other Equipment
($76 ,687 )
(5,112)
81 ,799
$ -0-
Section 3. That the City Manager is authorized to execute such grant amendments that may
be required to fulfill the purpose of this Ordinance .
New Text Underlined; [DELETED TE XT BRACKETED]
115
Ordinance No. 2999-2018
Page 2 of 2
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, prov ision , or application d irectly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the valid ity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision , or application .
Section 5. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 7th day of February, 2018 .
ATTEST:
Jamie Heinz, City Clerk
Approved by Finance: __ :Z_._~-'------
BRIAN GABRIEL SR, MAYOR
Introduced: January 17 , 2018
Enacted : February 7, 2018
Effective: February 7, 2018
New Text Underlined; [DELETED TEXT BRACKETED]
116
''(!;ff~ «1/th a PaJ'~ e~ «1/th a Fu.tu.n JI
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"?~~
Mary L. Bondurant -Airport Manage
/
January 10, 2018
Ordinance No. 2999-2018 -Snow Removal Equipment Grant
Amendment
The Airport received an FAA airport improvement grant offer on July 18, 2017, to acquire two (2)
new pieces of Snow Removal Equipment (SRE). The project totaled$ 1,088,759 with the FAA
share of$ 1,020, 712 based on 93. 75% and the Airport share of$ 68,047 based on 6.25%.
One of the conditions of the grant specified that the City agrees to use proceeds from the trade-
in or sale of equipment being replaced by this project to reduce the total project costs .
The CAT loader with attachments sold at the 2017 City auction for a value of $81,799.
Ordinance 2999-2018 will reduce the accepted grant amount by $76,687 and the City's required
6.25% share by $5, 112.
If you have any questions, please contact me.
Attachment: Ordinance No. 2999-2018
117
Sponsored by : Administration
tlu:eityef.
KENAl~SKA
"VI'
CITY OF KENAI
ORDINANCE NO. 3000-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ACCEPTING AND
APPROPRIATING A FEDERAL GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY
SERVICES (IMLS) PASSED THROUGH THE ALASKA STATE LIBRARY FOR EMPLOYEE
TRAVEL AND TRAINING .
WHEREAS, the Kenai Community Library has received a $1 ,250 grant from the IMLS passed
through the Alaska State Library travel expenses of a staff member to attend the 2018 American
Library Association Conference to be held in New Orleans, LA; and,
WHEREAS, it is in the best interest of the City of Kenai to accept and appropriate these grant
funds for the purpose intended.
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ,
ALASKA, as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $ 1,250
from IMLS passed through Alaska State Library for travel expenses of a staff member to attend
the 2018 American Library Association Conference and to execute grant agreements and to
expend the grant funds to fulfill the purpose and intent of this ord inance.
Section 2 . That estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Library -Federal Grants $1 ,250
Increase Appropriations :
Library -Travel & Transportation $1 ,250
Section 3. Severability: That if any part or provis ion of this ordinance or application thereof to
any person or circumstances is adjudged inval id 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 th is j udgment shall have been rendered, and shall not affect or impair
the valid ity 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 1.15.0?0(f), this ord inance shall take effect
upon adoption .
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 7th day of February, 2018.
New Text Und erlined ; [DELETED TEXT BRACKETED]
118
Ordinance No. 3000-2018
Page 2 of 2
ATTEST:
Jamie Heinz, City Clerk
BRIAN GABRIEL SR., MAYOR
Approved by Finance ----
Introduced : January 17, 2018
Enacted: February 7 , 2018
Effective : February 7 , 2018
New Text Underlined ; [DELETED TEXT BRACKETED)
119
'tltff~ «1/t~ a Pa~~ tt'tj «1/t~ 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\=? o .
Mary Jo Joiner
January 9, 2018
Ord inance 3000-2018 -Continu ing Education Grant for Library
The Alaska State Library rece ives funds from the Institute of Museum and Library
Services (IMLS) to pay for continuing education grants. These travel funds allow staff
members to attend a continuing education workshop or conference. These funds can be
spent on travel , lodging , per diem and registration expenses .
This year Mary Jo Joiner has been awarded funds ($1 ,250) to attend the American Library
Association Conference to be held in New Orleans , Louisiana in June 2018. This
ord inance will appropriate the $1 ,250 grant to allow Ms. Joiner to attend the conference .
Your considerat ion is appreciated.
120
GOV ER NOR B ILL W A LKBR
January 9, 2018
Mary Jo Joiner
Kenai Community Library
163 Main Street Loop
Kenai, AK 99611
Dear Mary Jo,
Department of Educat ion &
E arly Developmen t
DIVISION OP I ,IBR ARIES , ARC IDVES & MUSEUMS
Alaska State Library
PO Box 110571
Juneau, Alaska 99811 -0571
Main: 907 .465-29 10
Fox: 907 .46 5-21 5 1
Congratulation s! The State Library has reviewed your FY2018 continuing education application and has
awarded Federal funds In the amount of up to $1,250.00 to reimburse your attendance at the ALA 2018
Conference to be held in New Orleans, LA . We are delighted that your library will receive this grant.
The State Library uses federal funds received from the Institute of Museum and Library Services (IMLS)
to pay for continuing education grants. Please read the second page in thiS' packet carefully. In order to
use IMLS funds to reimburse your continuing education costs, you must attend at least one t raining
session that falls under the topics listed on that form.
Once you have completed your continuing education, you must submit the grant reimbursement form,
any required receipts, and your final report about the. tra i ning you attended. These forms are available
at http:Ulibra ry.sta t e.ak.us /de v/grants.html. You must submit a final report form in order to be
reimbursed .
If you have questions or need more information, please ema i l me at tracy.swalm@alaska .gov or call me
at 907-465-1018. Once again, congratulations and good luck with your co ntinui ng education.
Sincerely,
Tracy Swaim
Grants & Statistics Librarian
121
THE STATE
0~LASKA
GOVERNOR BILL W Al.KJ!R
January 9, 2018
Mary Jo Joiner
Kenai Community Lib rary
163 Mai n Street Loop
Kenai, AK 99611
Dear Mary Jo,
Department of Educatio n &
Early Development
DIVISION OF I .IDRAR IES, ARCHIVES & MUSEUMS
Ala ska State Library
PO Box 110571
Juneau. Al aska 998 11-0571
Main: 907.465-29 10
Fax: 907 .465 -2 151
Congra t ulations I The State Library has reviewed your FY2018 continuing education appli cation and has
awarded Federal funds in the amount of up to $1,250.00 to reimburse your attendance at the ALA 2018
Conference to be held In New Orleans, LA . We are delighted that your library will receive this grant.
The State Lib ra ry uses federal funds received from the Institute of Museum and Library Services (IMLS)
to pay for continuing education grants, Please read the second page in this packet carefully. In order to
use IMLS funds to re im burse your continuing education .costs, you must attend at least one training
session that falls under the topics listed on that form .
Once you have completed your continuing education, you must submit the grant reimbursement form,
any required receipts, and your final report about the training you attended. These forms are available
at http:ljlibrary.state.ak.us/dev/g rants.html. You must submit a final report form in order to be
reimbursed.
If you have questions or need more Information, please email me at tracy.swa lm@alas ka.gov or call me
at 907-465-1018 . Once again , congratulations and good luck with your continui ng education.
Sincerely,
Tracy Swaim
Grants & Statistics Librarian
122
Sponsored by : Administration
CITY OF KENAI
ORDINANCE NO. 3001-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-
ENACTING KENAI MUNICIPAL CODE SECTION 7 .15 .090-SALES , SURPLUS, COMPETITIVE
BIDDING TO PROVIDE ADMINISTRATIVE AUTHORITY FOR THE DISPOSAL OF CERTAIN
SURPLUS OR OBSOLETE SUPPLIES, MATERIALS OR EQUIPMENT.
WHEREAS , Kenai Municipal Code 7.15.090 provides the process for the City's disposal of surplus
or obsolete goods; and ,
WHEREAS , the process generally requires the Council to declare every item to be obsolete or
surplus before the City can dispose of it; and,
WHEREAS, the City's recent experience selling obsolete and surplus items through an online
auction site demonstrated that the City will likely benefit financially and save administrative time
by selling obsolete or surplus items when they are no longer needed by the City as opposed to
t he current practice of storing items for an annual sale; and,
WHEREAS , authorizing the City manager to dispose of certain obsolete or surplus goods without
Council approval will increase efficiencies for the City and is intended to maximize the City's
financial returns .
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows:
Section 1. Repeal and re-enactment of Section 7.15 .090 of the Kenai Municipal Code : That
Kenai Municipal Code, Section 7.15.090 -Sales, surplus, competitive bidding, is hereby repealed
and re-enacted as follows :
[7.15.090 SALES, SURPLUS, COMPETITIVE B IDDING.
(A) EXCEPT AS PROVIDED IN SUBSECTION (D) NO SURPLUS OR OBSOLETE
SUPPLIES, MATERIALS , OR EQUIPMENT MAY BE SOLD (EXCEPT BY TRADING IN ON
OTHER GOODS OR SERVICES) UNTIL THE COUNCIL SHALL HAVE DECLARED THEM
OBSOLETE OR SURPLUS. BEFORE THE CITY MANAGER SELLS ANY SURPLUS OR
OBSOLETE SUPPLIES, MATERIALS , OR EQUIPMENT, EXCEPT AS OTHERWISE
PROVIDED IN THE NEXT SECTION , HE OR SHE SHALL ADVERTISE THEM FOR SALE
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OR GIVE NOTICE IN
SUCH MANNER AS HE OR SHE DEEMS NECESSARY ADEQUATELY TO REACH
PROSPECTIVE BUYERS TO GIVE THEM AN OPPORTUNITY TO MAKE BIDS . ALL BIDS
SHALL BE SEALED AND SHALL BE OPENED IN PUBLIC AT A DESIGNATED TIME AND
PLACE , EXCEPT WHEN THE SALE IS BY AUCTION OR BY AN INTERNET SALE
PROCESS .
New Text Underlined ; [DELETED TEXT BRACKETED]
123
Ordinance No. 3001-2018
Page 2 of 3
(B) THE COUNCIL MAY BY RESOLUTION , INCLUDE SUCH TERMS AND CONDITIONS
AS IT DEEMS APPROPRIATE, DECLARE AND AUTHORIZE SALE OF SURPLUS OR
OBSOLETE SUPPLIES, MATERIALS OR EQUIPMENT BY A BROKER IF THE NATURE
OF ITEMS IS SUCH THAT SALE BY BROKER IS IN THE BEST INTEREST OF THE CITY.
THE CITY MANAGER SHALL SUBMIT A WRITIEN REPORT TO THE COUNCIL OF ANY
ITEM SOLD BY A BROKER INCLUDING THE COMMISSION, BUYER, AND THE TERMS
AND CONDITIONS OF THE SALE. SUCH WRITIEN REPORT SHALL BE INCLUDED IN
A COUNCIL PACKET WITHIN THIRTY (30) DAYS AFTER THE SALE DATE.
(C) THE CITY MANAGER MAY REPEATEDLY REJECT ALL BIDS AND ADVERTISE OR
GIVE NOTICE AGAIN. HE OR SHE SHALL SELL SUCH SUPPLIES, MATERIALS, OR
EQUIPMENT TO THE HIGHEST RESPONSIBLE BIDDER FOR CASH. IN CASE OF A TIE,
HE OR SHE MAY SELL TO EITHER OF THE BIDDERS TYING, OR MAY DIVIDE THE
SALE AMONG TWO (2) OR MORE TYING, ALWAYS SELLING TO THE HIGHEST
RESPONSIBLE BIDDER OR BIDDERS FOR CASH.
(D) COLLECTION MATERIALS REMOVED BY THE LIBRARIAN PURSUANT TO THE
LIBRARY'S COLLECTION DEVELOPMENT POLICY MAY BE SOLD, TRADED OR
OTHERWISE DISPOSED OF WITHOUT FURTHER DECLARATION BY COUNCIL AND IN
ANY MANNER DEEMED APPROPRIATE BY THE LIBRARIAN AS LONG AS THE SALE,
TRADE OR DISPOSAL IS IN THE BEST INTEREST OF THE LIBRARY. ALL ETHICAL AND
CONFLICTS OF INTEREST PROVISIONS DESCRIBED BY CITY ORDINANCE,
RESOLUTION, POLICY, OR REGULATION MUST BE FULLY COMPLIED WITH IN SUCH
SALE, TRADE, OR DISPOSAL. WITHIN THIRTY (30) DAYS OF THE END OF EACH
FISCAL YEAR, THE LIBRARIAN SHALL PROVIDE A FULL ACCOUNTING TO THE CITY
MANAGER AND COUNCIL OF ALL MATERIALS SOLD, TRADED OR OTHERWISE
DISPOSED OF THE PRIOR FISCAL YEAR]
7.15.090-Disposal of Surplus or Obsolete Materials and Equipment
a. Except as provided in in subsection (c) below. the City Manager. may authorize the sale. trade.
or disposal by other means of surplus or obsolete supplies materials and equipment no longer
needed by the City with an estimated value of $50,000 or less . All sales. trades or disposals of
surplus or obsolete property must be advertised in a manner reasonably designed to reach
prospective buyers. must be made available to the public and must be disposed of in a manner
reasonably designed to obtain the highest price or benefit for the City. All departments of the City
shall be notified of the availability of surplus or obsolete goods at least 10 business days prior to
the goods being made available for purchase, trade or transfer to a non-City entity. The City
Manager must make a written report to the City Council of all surplus or obsolete goods within 30
days of sale . trade or disposal of surplus or obsolete goods.
b. The sale. trade or disposal by other means of surplus or obsolete supplies materials and
equipment no longer needed by the City with an estimated value of greater than $50,000 must be
approved by resolution of the City Council.
c. Collection materials removed by the librarian pursuant to the library's collection development
policy may be sold. traded or otherwise disposed of in any manner deemed appropriate by the
librarian as long as the sale. trade or disposal is in the best interest of the library. Within thirty (30)
days of the end of each fiscal year. the librarian shall provide a full accounting to the City Manager
and Council of all materials sold. traded or otherwise disposed of the prior fiscal year.
New Text Underlined ; [DELETED TEXT BRACKETED]
124
Ordinance No. 3001-2018
Page 2 of 3
d. All ethical and conflicts of interest provisions provided by City ordinance. resolution. policy. or
regulation must be fully complied with in all sales. trades. or disposals .
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision , or application .
Section 3. 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 February day of 7 , 2018 .
ATIEST:
Jamie Heinz, City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced : January 17, 2018
Enacted: February 7, 2018
Effective: March 9, 2018
New Text Underlined ; [DELETED TEXT BRACKETED)
125
'Vttf~ «J/th, a PaJ'~ e~ «J/th, a Fat~ II
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 Kena i City Council
Paul Ostrander, City Manager V · D .
January 9, 2018
Surplus and Obsolete Goods/Ordinance No. 3001-2018
Ordinance 3001-2018 repeals and re-enacts KMC 7.15 .090 to authorize the City Manager to sell
or otherwise dispose of certain obsolete and surplus goods without action by Council. The City
held its first sale of surplus and obsolete materials and equipment utilizing an online auction
system . Cons istent with many other mun icipalities ' experiences , the results exceeded our past
performance in holding an onsite physical auction . The City generally received higher values for
its listed items and saved employee t ime and resources . Increased efficiencies are expected if
the City moves to a practice of listing surplus and obsolete materials and equipment as the items
becom e surp lus or obsolete , rather than holding , inventorying , and storing the material s and
equ ipmen t for a sale once a year.
Under the current code , KMC 7.15.090-Sales , surplus, competitive bidding , all items (aside from
library materials) must be declared surplus or obsolete by the Council prior to sale. The
administration recommend , KMC 7 .15 .090 be amended to allow the City Manager the authority
to determine items estimated to have a value of $50 ,000 or less to be surplus or obsolete for the
purposes of sale or disposal.
As a comparison , the Kenai Peninsula Borough and Soldotna appear to have no limit on what can
be administratively disposed of, Wasilla and Palmer have a $10 ,000 limit and Juneau has a
$50 ,000 limit on administrative disposals . The new proposed code w ould require reasonable
advertising , a public process and sale to the highest bidder. Additionally, a report would be
provided to Council after each sale .
Your considerat ion is appreciated .
126
Spon so red by : Administration
CITY OF KENAI
ORDINANCE NO. 3002-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING I
(DECREASING) ESTIMATED REVENUES AND APPROPRIATIONS IN THE PERSONAL USE
FISHERY FUND FOR THE REMAINING FY2018 EXPENDITURES WHICH WERE
PRESENTED IN THE 2017 KENAI RIVER PERSONAL USE FISHERY REPORT.
WHEREAS , actual revenues in the Personal Use Fishery Fund were less than projected amounts
for FY2018; and,
WHEREAS , budget adjustments are needed to provide for expending of funds as detailed in 2017
Dip Net Report for the remainder of FY2018.
NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows :
Section 1. That the estimated revenues and appropriations be increased I (decreased) as
follows:
Personal Use Fishery Fund
Revenues :
Increase I (Decrease) Estimated Revenues :
Beach Parking
Beach Camping
Dock Launch & Park
Dock Parking Only
Participant Drop-off Fee
Other
Expenditures:
Increase I (Decrease) Expe nditures:
Public Safety -Salaries
Public Safety -Overtime
Public Safety -Medicare
Public Safety -Socia l Security
Public Safety -Unemployment Insurance
Public Safety -Workers ' Compensation
Public Safety-Small Tools/Minor Equipment
Public Safety -Professional Services
Streets -Salaries
Streets -Overtime
Streets -Lea ve
Streets -Medicare
New Text Underlined; [DELETED TEXT BRACKETED]
($12,571)
(28,731)
(18, 152)
(2 ,991)
(3,519)
1,209
($64,755)
($ 4,108)
254
(56)
(239)
(129)
(232)
2,200
8,700
546
(3,616)
(88)
(55)
127
Ordinance No. 3002-2018
Pag e 2 of 3
Streets -Social Security
Streets -PERS
Streets -Unemployment Insurance
Streets -Workers ' Compensation
Streets -Health Insurance
Streets -Supplemental Retirement
Streets -Operating & Repair Supplies
Streets -Rentals
Parks , Recreation & Beautification -Salaries
Pa rks, Recreation & Beautification -Overtime
Parks, Recreation & Beautification -Leave
Parks, Recreation & Beautification -Medicare
Parks, Recreation & Beautification -Social Security
Parks, Recreation & Beautification -PERS
Parks, Recreation & Beautificatio n -Unemployment Insurance
Parks, Recreation & Beautification -Workers' Compensation
Parks , Recreation & Beautification -Health Insurance
Parks , Recreation & Beautification -Supplemental Retirement
Parks, Recreation & Beautification -Office Supplies
Parks , Recreation & Beautification -Operating & Repair Supplies
Parks, Recreation & Beautification -Small Tools/Minor Equipment
Parks, Recreation & Beautification -Communications
Parks, Recreation & Beautification -Printing & Binding
Parks, Recreation & Beautification -Utilities
Parks, Recreation & Beautification -Repair & Maintenance
Parks, Recreation & Beautification -Rentals
Parks, Recreation & Beautification -Miscellaneous
Boating Facility -Wages
Boating Facility -Overtime
Boating Facility -Leave
Boating Facility -Medicare
Boating Facility -Social Security
Boating Facility -PERS
Boating Facility -Unemployment Insurance
Boating Facility -Workers' Compensation
Boating Facility -Health Insurance
Boating Facility-Supplemental Retirement
Boating Facility -Operating & Repair Supplies
Boating Facility -Printing & Binding
Boating Facility -Insurance
Boating Facility -Renta ls
18
(873)
(52)
(125)
(1,041)
(63)
(2 ,855)
(6 ,925)
(4,422)
(11,631)
(225)
(246)
(44)
(4,607)
(367)
(625)
(2,857)
(185)
700
(256)
2 ,2 05
(1,014)
(5, 170)
(6)
495
(18 ,277)
20
(1,660)
(1 ,563)
80
(57)
124
(2,018)
(138)
(277)
(76 7)
(232)
(525)
(1,500)
(21)
(950)
($64.755)
Section 3. Severability: That if any part or provision of this ord inan ce 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 d irectly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impai r
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)
128
Ordinan ce No. 3002-201 8
Page 2 of 3
Section 4. Effective Date : That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption .
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 7th day of February, 2018.
ATTEST:
Jamie Heinz, City Clerk
Approved by Finance: --~-+---<:t_i.c=-.A.~...=~--
BRIAN GABRIEL SR., MAYOR
Introduced: January 17, 2018
Enacted: February 7 , 2018
Effective: February 7 , 2018
New Text Underlined; [DELETED TEXT BRACKE TED]
129
1l!tfl~ «1/t/i a Pa~~ e~ «1/t/i a Fat~ 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:::> •
Terry Eubank, Finance Director //.
January 10, 2018
Ordinance 3002-2018 Increasing and decreasing revenues and
appropriations in the Personal Use Fishery Fund for FY2018.
The purpose of this memo is to recommend passage of Ordinance 3002-2018 . Ordinance
3002-2018 will decrease appropriations in the Personal Use Fishery Fund as FY2018 revenues
received during the fishery were below projected amounts. The Ordinance in total will decrease
both budgeted revenues and appropriations. If adopted, sufficient budget will be available to
complete FY2018 tasks described in the 2017 Personal Use Fishery Report. Exhibits A thru C of
the report are attached and show the remaining task items as well as the projected
financial performance for the fund. At year-end, the fund is projected to have a fund balance of
$274,651.
Capital expenditures for South Spruce Street w idening and electrical upgrades, Main St. utility
installation, and dock ramp excavation are still in the development stages are are not funded by
the action of this Ordinance. Funding for these projects is ex pected to come from funds
previously appropriated from the Personal Use Fishery Fund for South Beach
Access expenditures that have now been reimbursed by a grant from the State of Alaska .
Once the Administration determines the actual work to be completed and estimated costs, an
additional Ordinance will be presented for your approval to establish the funding for the
projects.
Your support for Ordinance 3002-2018 is appreciated.
attachments
130
FY2018 Remaining Operational Requests-P . Safety
2 Each TEO's to be hired June 1, 2017 for field training prior to fishery. 180 hours each with no overtime.
TEO
A. SMALL TOOLS
1. Personal floatation device (2 each).
2. Dry suits (2 each).
B. PROFESSIONAL SERVICES
1. Boat operator course.
D. INSURANCE
1. General liability.
006-421-0100 $ 6,426 .00
006-421-0400 93 .00
006-421-0450 398.00
006-421-0600 32 .00
006-421-0700 201.00
006-421-20 24 2,2 00.00
006-421-4531 8,700.00
006-421-4536 230.00
Total $ 18,280.00
Rate Per
Hour
$ 19.86
Hours Total
360 $ 7,150 .00
$ 400.00
1,800.00
$ 2,200.00
$ 8,700.00
$ 230.00
$ 18,280.00
Exhibit,....
Pagel of 4
131
FY 2018 Rema ining Operational Reque st Streets
A . INSTALLATION OF SOUTH BEACH BARRICADE
1. Wage s & Benefits
2. Fue l & Materials
3. Equipment Rental
B. GRADING AND DUST CONTROL OF IMPACTED ROADS
1. Wages & Benefits
2. Fuel
3. Equipment Rental
C. INSURANCE
1. Genera l liabil ity.
Tota l
006-433-0100 $
006 -4 33-0300
006-433-0400
006-433-0500
006-433 -0600
006-4 33-0700
006-433-0800
006-433-0900
006-433-2022
006-433-4536
006-433 -4539
3,756.00
240.00
54 .00
1,720 .00
20.00
158.00
1,050.00
12 .00
1,900.00
106.00
3,600.00
Total $ 12.616.00
$ 3,505.00
$ 400.00
$ 1,200.00
$ 5,105.00
$ 3,505 .00
$ 1,500.00
$ 2,400.00
$ 7,405.00
$ 106.00
S lZ,612 .QQ
Exhibit,...,
Page2 of 4
132
FY2018 Remaining Operational Request P&R
A. Contract administration, hiring, planning, supervision and North Beach grating clean-out
1. Wages & Benefits $ 29,649 .00
B. OFFICE SUPPLIES
1. Receipt labels .
C. OPERATING/REPAIR SUPPLIES
1. North Beach interpretive sig n replacement
0. SMALL TOOLS
1. Shack spare printer.
$ 700.00
$ 2,500.00
$ 1,200.00
2. Computer/Network replacement. 2,000.00
3. Camera upgrades and replacement. 1,300.00
E. PROFESSIONAL SERVICES
1. Point of sale software & dipnet app modifications and improvements
F. PRINTING & BINDING
1. DOOR HANGERS
G. INSURANCE
1. General liability.
H. Utilities
10. Fee Sha ck Electric
Total
006-445-0100 $ 17,449.00
006-445-0300 183 .00
006-445-0400 257 .00
006-445-0450 6.00
006-445-0500 4 ,816.00
006-446-0600 89.00
006-445-0700 99.00
006-445-0800 6,227.00
006-445-0900 523 .00
006-445-2021 700.00
006-445-2022 2,500.00
006-445-2024 4,500 .00
006-445-4531
006-445-4535
006-445-4536
006-445-4537
3,500.00
2,500.00
1,487.00
898.00
Total S 45.734.00
$ 4,500.00
$ 3,500.00
$ 2,500.00
$ 1,487.00
$ 898.00
s 4!!,734 .QQ
Exhibit A
Page3 of 4
133
FY2018 Remai n ing Operational Request Dock
A. DOCK FLOAT REPAIR
1. Wages & Benefits
2. Fuel & Materia ls
3. Equipment Renta l
B. NO WAKE ZONE SETUP AND PARKING LOT PR EPARATION.
1. Wages & Benefits
2. Fuel, Signs & Materials
3. Equipment Renta l
C. TEMPORARY DOCK WORKER RECRUITMENT
1. Wages & Benefits
2. Advertising
D. INSURANCE
1. Genera l liability.
Tota l
006-460-0100 7,107 .00
006-460-0300 460.00
006-460-0400 102.00
006-460-0500 1,563.00
006-460-0600 38.00
006-460-0700 298.00
006-460-0800 2,044.00
006-460-0900 23 .00
006-460-2022 1,850.00
006-460-4534 250.00
006-460-4536 235.00
006-460-4539 3,320.00
Total s 17!Z~Q.QQ
$ 4,429.00
500.00
2,000.00
6,929.00
$ 6,116.00
1,350.00
1,320.00
8,786.00
$ 1,090.00
250.00
$ 1,340.00
$ 235.00
$ 17.29Q.QO
Exhibit A
Page4 of 4
134
FY18 Capital Requests
Requested
Department Item
Parks and Re c. South Spruce widening and electrical upgrades
Parks and Rec. Main St . utility installation
Dock Dock ramp excavation
Considered but not requested.
Department Item
None
Cost
$ 35,000.00
7,500.00
6,200.00
$ 48,700.00
Cost
Note: Funding for these capita l improvements is available in the PU Fishery Capital Project Fund.
$50,000 was previously appropriated from the PU Fishery Fund for South Beach Access
Improvements. With the sa le of the Dragseth house, PU Fishery funds previously expended ha ve
been reimbursed w ith grant fund s making the $50,000 availab le for redirect ion to new projects. No
new funding is needed from the PU Fishery Fund for completion of these projects .
Exhibit B
1of1
135
City of Kenai
Fiscal Year 2018
Financial Projections
Fund: 006 -Personal Use Fishery Fund
Council•
Adopted Amended YT D FY2018
FY 2018 Budget Actual Projected
Revenues
Beach Parking $ 183,000 $ 183,000 $ 170,429 $ 170,429
Beach Camping 239,000 239 ,000 210,269 210,269
Dock Launch & Park 130,000 130,000 11 1,8 48 11 1,848
Dock Parki ng Only 15,000 15,000 12,009 12,009
Parti cipant Drop-off Fee 11,000 11 ,000 7,481 7,481
Int erest Earnings 750 750 750
PERS Grant 2,312 2 ,312 2,312
Other (4,5 00) (4,500) (1,126) (1 , 126)
Credit Card T ransaction Fees
Total Revenu e 576,562 5 76 ,562 510,910 513,972
Expendit ures
Public Safety $ 109,195 $ 109,195 $ 97,305 $ 115,585
Streets 51,506 51 ,506 23,761 36,377
Boating Facili ty 72,347 72,347 45,553 62,843
Parks , Recreation & Beautificati on 279,584 279,584 187,338 233,072
Total Expenditures 512,632 512,632 353,957 447 ,877
Contribution To/(From) Fund Balan ce: 63,930 63,930 156,953 66,095
Projected La pse {23, 150) 5,000 5,000
Adj u sted (Deficit)/Surplus 87,080 68,930 156,953 71,095
Beginning Fund Balance 149,066 203,556 203,556 203,556
End ing Fund Balance $ 236 ,146 $ 272,486 $ 360,509 $ 274 ,651
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances.
$
$
Projected %
Variance Available
12 ,571 6.87%
28,731 12.02 %
18,152 13.96%
2,991 19.94%
3,519 31.99%
0.00%
0.00%
0.00%
0.00%
65,964 11.44%
6 ,390 -5.85 %
(15,129) 29.37%
(9,504) 13.14%
{46,512) 16.64%
{64,755) -12.63%
1,209
1,209
Exhibit C
Pa ge 1of6
136
City of Kenai
Fiscal Year 2018
Personal Use Fishery Summary by Line Item
Council •
Account Expe nse Adopted Proj ected FY2018 Projected %
Number Description FY2018 Budget Actual Proj ected Vari ance Available
Salaries and B enefits
0100 Salaries $ 1 13,790 $ 104, 146 $ 69,408 $ 104,146 $ 0 .00 %
0200 Overtime 57,821 41 ,265 41 ,265 41 ,265 0 .00%
0250 Holiday Pay
0300 Leave 1, 11 6 883 883 0 .00 %
0400 Medicare 2 ,503 2,089 1,583 2,089 0 .00 %
0450 Social Security 5,877 5,(36 5,332 5,736 0 .00 %
0500 PERS 19,210 11, 71 2 3,613 11,712 0 .00 %
0600 Unemploym ent Insurance 865 179 179 0 .00 %
0700 Workers Compensation 5,59 2 4,333 3,577 4,333 0 .00 %
0800 Health & Life Insurance 18,766 14, 101 4 ,780 14 , 101 0 .00 %
0900 Supplemental Retirement 1,570 1,090 532 1,090 0 .00%
Total Salaries & Benefits $ 227, 110 $ 185,534 $ 130,090 $ 185 ,534 $ 0 .00 %
Maintenance and Operations
2021 Office Supplies 700 700
2022 Operating & Repa ir Supplies 13, 100 9 ,464 3,2 14 9,464 0 .00%
2024 Small Tools/Minor Equipment 3,005 7,410 710 7,410
2026 Computer Software
45 31 Profe ssional Services 3,500 12,200 12,200
4532 Communications 1,600 586 586 586 0 .00%
4533 Travel & T ransportation
45 34 Advertising 250 250 250 0.00%
4535 Printing & Binding 9 ,170 2,500 2,500 0 .00%
4536 Insurance 2 ,079 2,058 2,058
4537 Utilities 1,078 1,072 174 1,072
4538 Repair & Maintenance 495 495 495
4539 Rentals 135,240 109,088 102 ,168 109,088 0 .00%
4540 Equip. Fund Pmts.
4541 Postage
4666 Books
4667 Dues & Publications
4999 General Contingency 0 .00%
5041 Miscell aneous 4,000 4,020 4,020 4,020
5045 Depreciation
5047 Grants to Agencies
Total Maint. and Operations $ 173,022 $ 149,843 $ 111,367 $ 149,843 $ 0.00 %
Capita l OutlaJl & Transfers
8061 Land
8062 Bu ildings
8063 Improvements 0 .00%
8064 Machinery & Equipment
9090 Transfers 112!500 112,500 112,50 0 1 12,500
Total Capital OutlaJl
a nd Transfers $ 112,500 $ 112,500 $ 112,500 $ 112,500 $ 0 .00 %
Department Total : $ 512 ,632 $ 447,877 $ 353 ,957 $ 447,877 $ 0 .00 %
* Counci l Adopted Budget includes annually adopted budget and ca rryforward encumbrances.
Exh ibit C
Pa ge 2 of 6
137
City of Kenai
Fis c al Year 2018
Fund: 006 -Personal Use Fishery Fund
Depa rtmen t 21 -Public S afety
Cou ncil •
Acco unt Ex pen se Ad op ted Project ed Year to Date FY2 018 Ava ila bl e %
Number Desc ription FY2018 Budget Actual Pro jected Budget Ava ilable
Salaries and Benefits
0100 Salaries $ 24, 100 $ 24, 100 $ 13 ,566 $ 19,992 $ 4,108 17.05%
0200 Overtime 8 ,033 8 ,033 8 ,2 87 8,287 (254) -3.16%
0250 Holiday Pay 0.00%
0300 Leave 0 .00%
0400 Medicare 466 466 317 410 56 12 .02%
0450 Social Security 1,992 1,992 1,355 1,753 239 12.00%
0500 PERS 0.00 %
0600 Unemployment Insurance 161 161 32 129 80 .12%
0700 Workers Compensation 913 913 480 681 232 25.41 %
0800 Health & Life Insurance 0.00%
0900 Supplemental Retirement 0.00%
Total Salarie s & Benefits $ 35,665 $ 35,665 $ 24,005 $ 31 , 155 $ 4 ,510 12.65%
Mai nte n ance and 012erat i ons
2021 Office Suppl ies 0 .00%
2022 Operating & Repair Supplies 0.00%
202 4 S m all Tools/Minor Equip ment 2 ,200 (2 ,200) 0 .00 %
2026 Computer Software 0 .00%
4531 Professional Services 8 ,700 (8,700 ) 0.00%
4532 Communications 0.00%
4533 Travel & Transportation 0.00%
4534 Advertising 0.00%
4535 Printing & Binding 0 .00%
4536 Insurance 230 230 230 0 .00%
4537 Utilities 0 .00%
4538 Repair & Maintenance 0.00 %
4539 Ren tals 0.00 %
4540 Equip. Fund Pmts. 0.00 %
4541 Postage 0 .00%
4666 Books 0.00%
4667 Dues & Publications 0.00%
4999 Co ntingency 0 .00%
5041 Miscellaneous 0 .00%
5045 Dep reciation 0.00%
5047 Grants to Agencies 0 .00%
To t a l Maint. and 012erations $ 230 $ 230 $ -$ 11 , 130 $ (10 ,9 00) -4739.13%
C a12ital Outl a ~ & Transf ers
8061 Land 0.00 %
8062 Buildings 0.00%
8063 Improvements 0.00%
8064 Machinery & Equ ipment 0.00%
9090 Transfers Out 73 ,300 73 ,300 73,300 73,300 0.00%
Tot al Ca12i t al O u tla~
and T ra nsfers $ 73,3 00 $ 73 ,300 $ 73,300 $ 73,300 $ 0.00%
Dep artment Total : $ 10 9,195 $ 109, 195 $ 97,305 $ 115,585 $ (6 ,390 ) -5.85%
* Co uncil A dopte d Bud get includes annually adopted bud get and carryforwa rd encumbrances .
Ex hi bi t C
Page 3 of 6
138
City of Kenai
Fiscal Year 2018
Fund: 006 -Personal Use Fishery Fund
Department 33 -Streets
Council •
Account Expense Adopted Projected Year to Date FY2018 Availab le %
Numb er Description FY2018 Budget Actual Projected Budg et Available
Salaries and Benefits
0 100 Salaries $ 10,2 63 $ 10,26 3 $ 7,053 $ 10,809 $ (546) -5.32%
0 200 Overti me 3,783 3,783 167 167 3,6 16 95.59%
0250 Holiday Pay 0.00%
0300 Leave 328 328 24 0 88 26.83%
0400 Medicare 209 209 100 154 55 26.32%
04 50 Socia l Securi ty 18 18 (18) 0 .00%
0500 PE RS 3 ,513 3 ,513 9 20 2,6 40 873 24 .85%
0600 Unemployment Insu rance 72 72 20 52 72.22%
0700 Workers Compensation 551 551 2 68 426 125 22.69%
0800 Hea lth & Lif e Insurance 2 ,859 2,859 768 1,818 1,041 36.41%
0900 Su pplemental Retirement 222 222 147 159 63 28.38%
Total Salaries & Benefits $ 21,800 $ 21 ,800 $ 9,441 $ 16,451 $ 5,349 24.54%
Maintenance and OQerations
2021 Offi ce Supplies 0.00%
20 22 Operatin g & Re pair Supplies 5,00 0 5,000 245 2 ,145 2,855 5 7.10%
2024 Sma ll To ols/Minor Equipment 0.00%
2026 Co mpute r Software 0.00%
4531 Professio nal Services 0.00%
4532 Com mu nications 0 .00%
4533 Travel & T ransportatio n 0.00%
4534 Adverti sing 0.00%
4535 P rinting & Bi nding 0.00 %
4536 Insurance 106 106 106 0.00%
4537 Utilities 0.00%
4538 Repair & Maintenance 0.00%
4539 Ren tals 20,700 20,700 10,175 13,775 6,925 33.45%
4540 Equip. Fund Pmts. 0.00%
4541 Postage 0.00%
4 666 Books 0.00%
4 667 Dues & P ubl ications 0 .00%
4999 Co nt ingency 0.00%
5041 Miscell aneous 0.00 %
5045 Depreciation 0.00 %
5047 Gran ts to Age ncies 0.00%
Total Maint. and 0Qe rations $ 25 ,806 $ 25,806 $ 10,420 $ 16,026 $ 9 ,780 37 .90%
CaQital Outlall & Transfers
806 1 Land 0.00%
8062 Buil dings 0.00%
8063 Imp rovements 0.00%
8064 Machinery & Equipment 0.00%
9090 Transfers Out 3,900 3,900 3,900 3,900 0.00%
Total CaQital Outlall
and Transfers $ 3,900 $ 3,900 $ 3,900 $ 3,900 $ 0 .00%
Department Total : $ 51 ,506 $ 51 ,506 $ 23 ,761 $ 36,377 $ 15 ,129 29 .37%
* Counc il A d o pted Budge t includes a nnua lly a dopte d b ud get a nd c a rryforwa rd encumbrances .
Ex hibit C
Page 4 o f 6
139
City of Kenai
Fi scal Yea r 2018
Fund : 006 -Pe rsonal Use Fishery Fund
Department 45 -Parks, Recreation & Beautification
Coun cil •
Acco unt Expense Adopted Proj ec ted Year to Date FY2018 Avai l abl e %
Number Descripti on FY2018 Budget Actual Proj ected Budget Ava ilabl e
Salaries and Benefits
0100 Salaries $ 54,530 $ 54,530 $ 32,659 $ 50, 108 $ 4,422 8.11%
0200 Overtime 36,170 36, 170 24,539 24,539 1 1,63 1 32.16%
0250 Ho liday Pay 0.00%
0300 Leave 408 408 183 225 55.15%
0400 Medicare 1,320 1,320 817 1,074 246 18.64%
0450 Socia l Security 2 ,889 2,889 2,839 2 ,845 44 1.52%
0500 PERS 11,028 11,028 1,605 6,421 4 ,607 41 .78%
0600 Unemployment Insu rance 456 456 89 367 80.48%
0700 Wor ke rs Compensation 2 ,646 2 ,646 1,922 2,021 625 23.62%
0800 Hea lth & Life Insu rance 12, 154 12, 154 3 ,070 9 ,297 2 ,857 23.51%
0900 Suppl emental Retirement 1,018 1,018 310 833 185 18 .17%
Total Salaries & Benefits $ 122,619 $ 122,619 $ 67,761 $ 97,410 $ 25,209 20.56%
Maintenance and 012erations
20 2 1 Office Su ppl ies 700 (700) 0 .00%
2022 Operating & Repair Supplies 5,500 5,500 2,744 5 ,2 4 4 256 4 .65%
2024 Small Tools/Mi nor Equipment 3,005 3,005 710 5,210 (2 ,205) -73.38%
20 26 Computer Softwa re 0.00%
4531 Professional Services 3,500 3,500 3 ,500 0.00%
4532 Communications 1,600 1,600 586 586 1,014 63.38 %
4533 Tra vel & Transportation 0.00 %
4534 Advertising 0 .00%
4535 Printing & Binding 7,670 7,670 2,500 5,170 67.41 %
4536 Insurance 1,487 1,487 1,487 0.00%
4537 Util ities 1,078 1,078 174 1 ,072 6 0.56%
4538 Repair & Ma intenance 495 495 (495 ) 0 .00%
4539 Rentals 102,025 102,025 83,748 83,748 18,277 17.91 %
4540 Equip. Fund Pmts . 0 .00%
4541 Postage 0 .00%
4666 Books 0.00%
4667 Dues & Pu blications 0 .00%
4999 Contingency 0.00 %
5041 Miscellaneous 4,000 4 ,000 4 ,020 4 ,020 (20) -0.50%
5045 Depreciation 0.00%
5047 Gran ts to Agencies 0.00%
T otal Maint. and 012erations $ 129,865 $ 129 ,865 $ 92,477 $ 108,562 $ 21 ,30 3 16.40%
Ca12 i tal Outlal! & Transfers
8061 Land 0 .00%
8062 Build ings 0 .00%
8063 Improvements 0.00%
8064 Machinery & Equipment 0 .00%
9090 Transfers Out 27,100 2 7,100 27,100 27, 100 0 .00%
Total Ca12it al Outlal!
a n d Transfers $ 27,1 00 $ 27,100 $ 27,100 $ 27, 100 $ 0 .00%
Department Total : $ 279 ,584 $ 279 ,584 $ 187,338 $ 233,0 72 $ 46,51 2 16.64%
* Cou ncil Adopt ed B u dget includ e s annual ly a dop ted budget and ca rryforward encu mbra n ces.
Exh ibit C
Page 5 of 6
140
City of Ken ai
Fiscal Year 2018
Fu nd: 006 -Personal Use Fishery Fund
Department 60 -Boating Facility
Council •
Account Expense Adopted Projected Year to Date FY2018 Available %
Number Description FY2018 Budget Actual Projected Budget Avail ab le
Salaries and Benefits
0100 Salaries $ 24,897 $ 24 ,897 $ 16, 130 $ 23,237 $ 1,660 6.67%
0200 O vertime 9 ,835 9,835 8,272 8 ,272 1,563 15.89%
0250 Holiday Pa y 0.00%
0300 Leave 380 380 4 60 (80) -21.05%
0400 Medicare 508 508 349 4 51 57 11.22%
0450 Social Security 996 996 1,120 1 ,120 (124) -12.45%
0500 PERS 4 ,669 4 ,669 1,088 2 ,651 2 ,0 18 43 .22 %
0600 Unemployment Insurance 176 176 38 138 78.41 %
0700 Workers Compensation 1,482 1,482 907 1,205 277 18 .69 %
0800 Health & Life Insurance 3 ,753 3 ,753 942 2 ,986 767 20.44%
0900 Supplemental Retirement 330 330 75 98 232 70.30 %
Total Salaries & Ben efits $ 47,026 $ 47,026 $ 28,883 $ 40,518 $ 6,508 13.84%
Maintenance and 0Qerations
2021 Office Supplies 0.00%
2022 Operating & Repair Supplies 2,600 2 ,600 225 2,075 525 20.19%
2024 Small Tools/Minor Equipment 0.00%
2026 Computer Software 0 .00%
4531 Profe ssional Services 0.00%
4532 Communications 0.00%
4533 Travel & Tran sportation 0 .00%
4534 Advertising 250 250 250 0.00%
4535 Printing & Binding 1,500 1,500 1,500 100.00%
4536 Insurance 256 256 235 21 8 .20 %
4537 Utilities 0.00%
4538 Repai r & Maintenance 0 .00%
45 39 Rentals 12,515 12,515 8 ,245 1 1,565 950 7.59%
4540 Equip. Fund Pmts. 0.00 %
4541 Postage 0 .00%
4666 Books 0.00%
4667 Dues & Publi ca tions 0 .00 %
4999 Contingency 0.00%
5041 Miscellaneous 0 .00%
5045 Depreciation 0 .00 %
5047 Grants to Agencies 0.00%
Total Maint. and Operations $ 17, 121 $ 17, 121 $ 8,470 $ 14,125. $ 2,996 17.50 %
Capital Cutia~ & Transfers
8061 Land 0.00%
8062 Buildings 0.00%
8063 Improv ements 0 .00%
8064 Ma chinery & Equi pment 0.00%
9090 Transfers Out 8,200 8 ,2 00 8,200 8 ,200 0 .00%
Total Ca(!ital Cutia~
an d T ransfers $ 8,200 $ 8,2 00 $ 8,200 $ 8 ,200 $ 0.00 %
Department Total: $ 72,347 $ 72,347 $ 45,553 $ 62,843 $ 9,504 13.14%
* Council Adopted Budget includes annually adopted budget and carryforward encumbrances.
Ex hibit C
Page 6 of 6
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Vice Mayor Navarre and Council Member Knacksted
DATE: January 11, 2018
SUBJECT: Mandatory Connections and Abandonment of Old Wells and On-site
Sewers/Ordinance No. 3003-2018
Ordinance No. 3003-2018 is intended to relieve property owners in the City of certain hardships
related mandatory connections to city water and sewer mains. Kenai Muncipal Code 17.10.010
and 17.20.010 respectviely require property owners to connect to City water and sewer mains
anytime the main is located within 200 feet of a structure on the subject property. In some cases
this standard requires proeprty owners to connect to a main when the main is not in a right of
way adjacent to the property. This can result in unreasonable expenses to a property owner,
even requiring an individual property owner to pay for a main extension. Amending the standard
to require a connection when a main is within 200 feet of a structure and is in a right-of-way
adjacent to the property will eliminate hardships related to mandatory connections in many
cases.
Ordinance No. 3003-2018 additionally provides that property owners who would otherwise be
required to connect to a water or sewer main, must pay the applicable fee for use of the water
or sewer if they do not connect. Essentially, the City would not force people to connect, but
require them to pay as if connected. This may be a more desirable option for certain property
owners given variances in existing utilities or other circumstances and is consistent with recent
past practice of the City. However, because of required separation distances between a water
well and sewer system, if the City were to extend a sewer main, but was unable to comply with
the required separation distance due to an existing well, the Ordinance in Section 1.
(17.10.010(c)) requires the property owner to abandon the well and connect to the City’s water
at the property owner’s expense.
Your consideration is appreciated.
141
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Henry Knackstedt and Tim Navarre
CITY OF KENAI
ORDINANCE NO. 3003-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 17.10.010-MANDATORY CONNECTION AND ABANDONMENT
OF OLD WELL, AND SECTION 17.20.010 - MANDATORY CONNECTIONS AND
ABANDONMENT OF OLD ON-SITE SEWER SYSTEMS, TO CHANGE THE MANDATORY
CONNECTION REQUIREMENTS,
WHEREAS, Kenai Municipal Code sections 17.10.010 and 17.20.010 require property owners to
connect to water and sewer mains respectively when a structure is within 200 feet of a main; and,
WHEREAS, this requirement can cause unnecessary hardship to property owners when a main
is not located in a right of way adjacent to the subject parcel; and,
WHEREAS, it is a best construction practice to install water and sewer connections (service lines)
perpendicular to the right of way, and not allow them to run parallel in the right of way; and,
WHEREAS, it is in the best interest of the City to amend KMC 17.10.010 and 17.10.020 to require
property owners to connect to water and sewer mains when a structure is within 200 feet of a
main and the main is located in a right of way adjacent to the property; and,
WHEREAS, in some cases it may be more desirable for property owners to pay a water and
sewer fee and not actually connect to the available City water or sewer mains; and,
WHEREAS, the City should allow as an alternative to a mandatory connection to the available
water or sewer main, the requirement to pay the applicable water or sewer fee without having to
actually connect as this option may be in the property owners best interest and keeps the utility
and other utility users whole.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 17.10.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 17.10.010- Mandatory connection and abandonment of old well, is
hereby amended as follows:
17.10.010 Mandatory C [C]onnection and A[A]bandonment of O[O]ld W[W]ell.
(a) Except as provided in subsection (c) below, [I]it shall be mandatory for all structures
susceptible to being or currently being a source from which water is being used, to be
connected to the public water system provided that any part of the structure is or is to be
within two hundred feet (200′) of an existing public water main that is in a right-of-way or
other applicable easement adjacent to the property line. Such distance shall be measured
142
Ordinance No. 3003-2018
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
by a straight line notwithstanding the possible impracticality of such being the necessary
distance of line being required.
(b) It shall be mandatory for the owner, operator, or users of a private well supplying
water to a structure to arrange and to pay for connection of said structure to the available
municipal water system and the abandonment of well(s) no longer being utilized.
Connections to the City water distribution system and abandonment of old well(s) shall be
as specified by ordinances and regulations of the City of Kenai, and applicable law and
regulation of the State of Alaska relating to use of and connection to public water systems
and abandonment of old wells.
(c) If a property owner does not connect to a public water main in a location that otherwise
requires a property owner to connect as described above, the property owner shall pay the
applicable water fee based on the use of the structure as if connected. A property owner cannot
maintain a water well when the location of the well interferes with the City’s ability to extend a
sewer main in a right-of-way or easement. If a well is located in a location that would interfere with
the City’s ability to extend a sewer main, the property owner must connect to the City water main
and appropriately abandon the well at the property owners cost.
Section 1. Amendment of Section 17.20.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 17.20.010- Mandatory connections and abandonment of old on-site
sewer systems, is hereby amended as follows:
17.20.010 Mandatory C[C]onnections and A[A]bandonment of O[O]ld O[O]n-S[S]ite
S[S]ewer S[S]ystems.
(a) Except as provided in subsection (c) below, [I]it shall be mandatory for all structures
susceptible to being or currently being a source from which sewage may or is being
generated, to be connected to the public sewage system provided that any part of the
structure is or is to be within two hundred feet (200′) of an existing public sewer main. Such
distance shall be measured by a straight line notwithstanding the possible impracticality of
such being the necessary distance of line being required.
(b) It shall be mandatory for the owner, operator, or users of a private sewer system to a
structure to arrange and to pay for connection of said structure to the available municipal
sewer system and the abandonment of the on-site sewer system no longer being utilized.
Connections and extensions to the City sewer system and abandonment of the old on-site
sewer system shall be as specified by ordinances and regulations of the City of Kenai, and
applicable law and regulation of the State of Alaska relating to use of and connection to
public sewer systems and abandonment of old on-site sewer systems.
(c) If a property owner does not connect to a public sewer main in a location that
otherwise requires a property owner to connect as described above, the property owner
shall pay the applicable water fee based on the use of the structure as if connected.
([C]d) If a sewer service customer has the reasonable possibility they will produce grease
or oil-laden wastes, the customer’s facility shall be provided with interceptors as required in
the plumbing code. This includes any establishment that uses a deep fat fryer or cooking
grease or oil. Grease, oil, and sand interceptors shall be provided when, in the opinion of
City, they are necessary for the proper handling of wastewater containing grease and oil, or
sand. All interception units shall be of type and capacity approved by the Building Official
143
Ordinance No. 3003-2018
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
and shall be so located to be easily accessible for cleaning and inspection. Such
interceptors shall he inspected, cleaned, and repaired regularly, as needed, by the user at
the customer’s expense. The sewer service customer is required to keep an interceptor
inspection, cleaning, and repair log which contains information as to the date, time, what is
removed, quantity removed, who removed the material and how, when, and where the
material from the interceptor is disposed of.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. 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 7th day of February, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: January 17, 2018
Enacted: February 7, 2018
Effective: March 9, 2018
144
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New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Navarre
CITY OF KENAI
ORDINANCE NO. 3004-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 1.15.050-ORDER OF BUSINESS, TO AMEND THE USE OF THE
PENDING LEGISLATION AGENDA ITEM AND MAKE OTHER HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code Section 1.15.050 sets forth requirements for conducting the
order of business for regular meetings of the City Council; and,
WHEREAS, included in the order of business is an item entitled, “Pending Legislation,” which was
added in 2010 for the purposes of providing further guidance to advise the City Clerk regarding
how long postponed items should be maintained; and,
WHEREAS, the City of Kenai follows Robert’s Rules of Order Newly Revised, 11th Edition; and,
WHEREAS, all motions properly made under Robert’s Rules of Order provide the City Clerk
enough information for maintaining postponed or referred legislation and the, “Pending
Legislation,” is more appropriately used as information to the public, administration, and Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 1.15.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.15.050, Order of business, is hereby amended as follows:
(a) The order of business for every regular meeting of the City Council shall be outlined on
an agenda.
(b) The following shall be the order of business at the regular meetings of the City Council:
(1) Call to Order: pledge of allegiance, roll call, and agenda and consent agenda
approval (public comment shall be permitted on items included on the consent agenda);
(2) Scheduled Public Comment;
(3) Unscheduled Public Comment;
(4) Public Hearings;
(5) Minutes of Previous Meetings;
(6) Unfinished Business;
(7) New Business;
(8) Commission and Committee Reports;
(9) Report of the Mayor;
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Ordinance No. 3004-2018
Page 2 of 3
_____________________________________________________________________________________
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(10) Reports from Administration;
(11) Additional Public Comment: citizen comments and Council Member comments;
(12) Executive Session (when applicable);
(13) Pending Legislation; And
(14) Adjournment.
(c) Those items on the agenda that are considered routine by the City Manager and the
City Clerk shall be identified by an asterisk (or similar notation) next to the item as listed on
the agenda and thereby included under that portion of the agenda entitled “Consent Agenda.”
Unless a Council Member requests that an item on the consent agenda be considered under
the regular meeting agenda, and thus removed from the consent agenda, items listed as part
of the consent agenda shall be considered, introduced, adopted, accepted, etc., as
appropriate for the item listed on the agenda, by motion of the Council and roll call vote under
“Call to Order, consent agenda approval.” Those items approved under the consent agenda
shall appear in the Council minutes as if acted upon individually. The Council shall consider
an item removed from the consent agenda in its proper numerical order as indicated on the
regular agenda.
(d) If the Council desires to transact business out of its regular order, it may do so upon
approval of a motion to suspend the rules, which motion must be approved by a two-thirds
vote of the Council members in attendance. In the alternative, as each agenda item comes
up, a majority of the Council can at once lay it on the table and thus reach any question
which it desires to dispose of first.
(e) The City Clerk shall maintain a list of [TABLED AND] pending items. This list shall [BE
STRICKEN AT THE END OF THE MEETING AT WHICH THE CERTIFICATION OF A
REGULAR ELECTION OF ANY COUNCIL MEMBER TAKES PLACE] include information
beneficial to the public, administration, and Council in determining the status of the item.
(f) The administration may develop policies and procedures to implement this section,
subject to review and approval of Council.
(g) Failure to comply with the above policies and procedures or with any administrative
policies will not invalidate any ordinance or Council action as long as there was a good faith
effort at compliance by the City Clerk.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. 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 7th day of February, 2018.
146
Ordinance No. 3004-2018
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: January 17, 2018
Enacted: February 7, 2018
Effective: March 9, 2018
147
148
"tftff~ «1/t/t, a Po.J'~ Ot~ «1/t/t, a fatruc-e"
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 Gabriel and Council Members Glendening, Pettey, Knackstedt,
Boyle, Molloy, and Student Representative G ilman
Vice Mayor Navarre 'P-
January 10, 2018
Ordinance No. 3004-2018 -Amending Kenai Municipal Code to
Amend the Use of the Pending Legislation Agenda Item.
In 2010, an ordinance was passed to add the "Pending Legislation " item to the City's agenda . At
the time, it was identified that the purpose was to provide guidance to advise the City Clerk on
how long postponed items should be maintained. However, all motions properly made under
Robert's Rules of Order, provide the City Clerk enough information regarding the postponed or
referred leg islation .
The practice of striking pending items at the end of the meeting where certification of a regular
election takes place, refers to Mason's Manual of Legislative Procedure, which provides for
legislative sessions, which can be a year or longer. The Kenai Peninsula Borough utilizes
Mason 's Manual of Legislative Procedure wh ich is why they strike pending items after an election .
It is recognized , however, that it is beneficial for the public, administration, and Council members,
for pending items that have been postponed beyond the next meeting, or have been referred to
a Commission , to be placed under the "Pending Legislation " agenda item , with a brief explanation
noting the status of the legislation .
Amendments contained in this ordinance will provide for the "Pending Legislation " agenda item
to be utilized in a way that is beneficial to the public, administration , and Council , without requiring
the items being stricken pursuant to a procedure that the City of Kenai has not chosen to govern
itself with .
Your consideration is appreciated .
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Council Member Boyle
CITY OF KENAI
ORDINANCE NO. 3005-2018
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE CHAPTER 7.10-SALES TAX, TO EXEMPT PUBLIC WATER AND SEWER
UTILITY SERVICES TO RESIDENTIAL HOUSING FROM THE CITY’S LEVY OF SALES TAX.
WHEREAS, the City of Kenai levies a 3% sales tax on all retail sales, rents and services made or
rendered within the City; and,
WHEREAS, the City has incorporated the Kenai Peninsula Borough’s sales tax code by reference
with the exception of the Borough’s sales tax exemption on non-prepared foods; and,
WHEREAS, the City’s Home Rule Charter provides that the City has all the powers of taxation
which home rule Cities may have under the State Constitution and law; and,
WHEREAS, the City has the authority to exempt certain sales, rents and services from City sales
tax; and,
WHEREAS, the provision of water and sewer services is a basic service that all residents need
and should be able to afford; and,
WHEREAS, eliminating the sales tax on water and sewer services provided by public utilities to
residences will decrease the financial burden on households for such services and make living in
Kenai more affordable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 7.10.010 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 7.10.010 – Levy of Tax, is hereby amended as follows:
7.10.010 Levy of Tax
Except as otherwise provided in this Chapter, [T] there is hereby levied a consumers’ sales
tax of three percent (3%) on all retail sales, rents, and services made or rendered within
the City limits measured by the gross sales price of the seller.
Section 2. Amendment of Section 7.10.015 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 7.10.050 – Borough Sales Tax Adopted by Reference, is hereby
amended as follows:
149
Ordinance No. 3005-2018
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
7.10.050 Borough Sales Tax Adopted by Reference and Exemptions
(a) Except as provided [IN (B)] below, incorporated by reference in this Code as though
each code provision was set forth verbatim herein are statutes, consisting of ordinances
and/or code provisions of the Kenai Peninsula Borough or such portions thereof, which
provide for the sales taxes, including but not limited to their levy, collection, and
administration.
(b) There shall be no sales tax exemption on non-prepared food. The above sentence does
not affect the sales tax exemption granted under AS 29.45.700(d) exempting food purchased
under the Food Stamp Act or Special Supplemental Food Program for Women, Infants and
Children.
(c) Public water and sewer services provided to residential dwellings are exempt from
the levy of City of Kenai sales tax. This exemption applies to single and multifamily dwellings
but not to hotels, motels, bed and breakfasts, lodges or other similar businesses offering
transient rooms for fewer than 30 consecutive days.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
July 1, 2018 after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7 day of February, 2018.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, City Clerk
Introduced: January 17, 2018
Enacted: February 7, 2018
Effective: July 1, 2018
150
151
'litfl~ «1/t~ a PaJ'~ e~ «11't~ a h.t~ IJ
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
Paul Ostrander, City Manager '"?O ··
January 10 , 2018
Contract award procedures for purchase orders exceeding $15,000
Currently, prior to the issuance of purchase orders for the contract amount of goods or services
to be purchased in excess of $15 ,000, Administration includes the requested purchase orders
on a list to be authorized by City Council. In the case of large purchases or purchases resulting
from a request for proposal, a resolution is prepared for adoption . For purchase orders related
to change orders , the procedure creates difficulties in the management of contracts . Any
monetary changes to a contract require a change order, which must be approved by Council. In
most cases, the City Manager has already authorized the change order, and the work has either
been completed or is in the process by the time the Council conside rs the change order for
approval. This process puts the Council in a position of approving a purchase order increase
after-the-fact and effectively circumvents the intent of this internal control.
Administration has been discussing a change in procedure that would eliminate this situation.
Rather than awarding the contract and generating a purchase order for the amount of the
contract, when applicable, future resolutions and purchase orders for contracts in excess of
$15 ,000 would authorize an amount in excess of the contract amount to provide for contingency
during administration of the contract. The amount of contingency would vary depending on the
size of the contract, type of work authorized, and identification of project unknowns that would
potentially drive change. Each resolution or purchase order request would include a discussion
of the contingency amount and provide justification for the amount of contingency included.
During the course of the contract administration , change orders could be authorized by the City
Manager up to the amount of the approved purchase order. If a change to the contract were
needed that exceeded the purchase order amount, a new resolution or change order request
authorizing the additional expenditure would be provided to Council for consideration prior to
approval of the change by Administration and the commencement of any work by the contractor.
Administration is providing this discussion item to determine if Council is interested in pursuing
this procedure change .
152
'lftfl'ate t<1/t~ a PaJ'~ Ct~ t<1/t~ 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
Paul Ostrander, City Manager 17 c.? .
January 11, 2018
2014 I 2016 Integrated Water Quality Monitoring and Assessment
Report -City of Kenai Comments
The Alaska Department of Environmental Conservation (ADEC) is proposing to place the Kenai
River from the Warren Ames Bridge at River Mile 5 , upriver to River Mile 12.5 on the Section
303(d) list fo r non-attainment of the turbidity standard in the 2014/2016 Integrated Report.
According to ADEC, studies published in 1996 and 2008 correlated stream bank erosion and
turbidity in the Kenai River with high levels of motorized boat activity. Additional studies in 2009
and 201 O were funded to determine whether the increase in turbidity caused an e xceedance of
water quality criterion. Data was collected at a reference site at River Mile 23 and a suspected
site of boat wake-caused turbidity at River Mile 11 .5 during the month of July. Analysis of the
data demonstrated that motorized boat activity is correlated with the increased turbidity levels in
a 7.5-mile section of the lower Kenai River to exceed water Quality Standards (WQS) for water
supply, primary and secondary recreation uses.
The deadline to submit written comments on this report is January 29 , 2018 , however, it is the
City of Kenai Administration 's recommendation to forego submitting comments during this
period and focus on supporting a plan to get the Kenai River removed from the Category 5 list
by the time the next Integrated Report is published in 2018. Based on avail a ble information it
appears that the Kenai River will be included on the list of impaired water bodies in the ADEC
2014/2016 Integrated Report despite a number of vali d concerns about the listing.
The Kenai River is extraordinarily unique. It has some of the highest tidal fluctuations in the
world and the lower stretches of the River are dynamic in ways not found in most areas of the
United States. Couple that w ith the significant changes in recreational use patterns that have
occurred since the last turbidity studies were concluded in 2010 and it is clear that further
turbidity studies will be needed to determine the ex tent of the problem . Collaborative efforts
with ADEC ha ve already begun that will potentially allow for t he removal of the Kenai River from
the impaired list while further studies are conducted.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: January 11, 2018
SUBJECT: Council Input on a Future Dipnet Vendor Permit
At the December 6, 2017 Council meeting, it was suggested that changes be made for the
vendors during the fishery. We wanted to have a brief discussion with Council in order to effect
the changes Council envisioned for the vendors. I’ve included some questions we have come up
with to help facilitate the discussion.
Is it the desire of Council to:
• Enhance the dipnet fishing experience?
• Attract a wider variety of vendors?
• Offer exclusivity (only one coffee vendor, one hamburger vendor, one Mexican food
vendor, etc.)?
• Make the fishery more of an event that may cost us by giving up parking fees to provide
for dedicated vendor parking?
• Requiring vendors to be on-site the entire length of time the fishery is open?
• Promote private business that may or may not be local residents?
• Look for ways to create revenue generation out of the vendor permitting process?
Your consideration is appreciated.
153
KENAI HARBOR COMMISSION MEETING
JANUARY 8, 2018 – 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR CHRISTINE HUTCHINSON, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
Commission Chair Hutchinson called the meeting to order at 6:00 p.m. Roll was confirmed as
follows:
Commissioners present: C. Hutchison, G. Greenberg, N. DuPerron, J. Desimone, M.
Dunn
Commissioners absent: B. Peters, C. Crandall
Staff/Council Liaison present: Public Works Director S. Wedemeyer, Council Member
B. Molloy
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Greenberg MOVED to approve the meeting agenda; and Commissioner Desimone
SECONDED the motion. There were no objections; SO ORDERED.
3. ELECTIONS OF THE CHAIR AND VICE CHAIR
Commissioner Greenberg MOVED to re-appoint Commissioners C. Hutchinson as Chair and
N. DuPerron as Vice-Chair; and Dunn SECONDED the motion. There were no objections; SO
ORDERED.
4. APPROVAL OF MEETING SUMMARY
a. December 11, 2017
MOTION:
Commissioner Greenberg MOVED to approve the meeting summary of December 11, 2017; and
Commissioner Desimone SECONDED the motion. There were no objections; SO ORDERED.
5. PERSONS SCHEDULED TO BE HEARD
a. Bob McIntosh – A Citizen’s Perspective of the Harbor Commission
McIntosh noted he lived in Old Town Kenai and provided history details. He expressed support of
the Commission’s direction and discussed the Personal Use Fishery, the Master Plan and Bluff
Erosion.
154
Harbor Commission Meeting
January 8, 2018
Page 2
6. UNFINISHED BUSINESS
a. Discussion – Defining Roles & Responsibilities
The list of motions as provided in the packet from March 2012 to current, were discussed.
MOTION:
Commissioner DuPerron MOVED to request Administration to provide the list of past capital
projects to the Harbor Commission; Commissioner Greenberg SECONDED the motion. There
were no objections; SO ORDERED.
7. NEW BUSINESS
a. Discussion/Recommendation – Revision to Agenda Order
MOTION:
Commissioner DuPerron MOVED to approve the proposed agenda order revision and
Commissioner Desimone SECONDED the motion. There were no objections; SO ORDERED.
8. REPORTS
a. Public Works Director –W edemeyer reported that the Kenai Dock was closed.
b. Commission Chair – Hutchison noted that the Commission needed to continue
the discussion about defining roles and responsibilities.
c. City Council Liaison –Council Member Molloy congratulated the Chair and Vice
Chair for their reflection; thanked Council Member Glendening and B. McIntosh
for participating in the meeting; and reported on the action taken at the January 3
City Council meeting.
9. NEXT MEETING ATTENDANCE NOTIFICATION – February 12, 2018
Director Wedemeyer noted he would be absent at the next meeting.
10. COMMISSIONER COMMENTS/QUESTIONS
Commissioner DuPerron thanked the audience for attending and suggested inviting the City Dock
foreman to a Harbor Commission meeting.
Commission members emphasized that the Commission needed to take action and define roles
and responsibilities. Interest was expressed that Kenai Chambers of Commerce & Visitors Bureau
Director, the Parks and Recreation Director, and the US Corps of Engineers be contacted and
requested to attend a Harbor Commission meeting to provide information, as discussed at the
previous meeting.
The topic of the No-Wake zone was discussed. Wedemeyer shared information he learned from
Senator Peter Micciche.
155
Harbor Commission Meeting
January 8, 2018
Page 3
Commissioner DuPerron agreed to define the specific information wanted from the individuals to
be invited to a Harbor Commission meeting.
Council Member Glendening provided information on the use of buoys in the Kasilof and Kenai
Rivers.
11. PERSONS NOT SCHEDULED TO BE HEARD
Council Member Glendening welcomed Council Member Molloy as the new liaison to the Harbor
Commission.
12. INFORMATION
a. 2014/2016 Integrated Water Quality Monitoring and Assessment Report
Commissioner DuPerron suggested inviting Robert Ruffner to present his report and talk about
turbidity.
13. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:15 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
156
KENAI PARKS & RECREATION COMMISSION
JANUARY 4, 2018 – 7:00 PM
CITY HALL COUNCIL CHAMBERS
VICE-CHAIR NOEL WIDMAYER, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER & ROLL CALL
The meeting was called to order at 7:00 p.m. Roll was confirmed as follows:
Commissioners present: J. Joanis, S. Kisena, T. Wisniewski, N. Widmayer, J.
Halstead
Commissioners absent: C. Stephens
Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member T. Navarre
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Joanis MOVED to approve the agenda as presented; Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
3. ELECTIONS OF THE CHAIR AND VICE CHAIR
Commissioner Joanis nominated to re-appoint Commissioner C. Stephens as Chair and
Commissioner N. Widmayer as Vice-Chair. There were no objections; SO ORDERED.
4. APPROVAL OF MEETING SUMMARY
a. December 7, 2017
MOTION:
Commissioner Joanis MOVED to approve the meeting summary of December 7, 2017 and
Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED.
5. PERSONS SCHEDULED TO BE HEARD – None.
6. UNFINISHED BUSINESS
a. Discussion – Pedestrian Trails
Parks and Recreation Director Frates asked for consideration be given to three areas for future
trail construction plans. Areas previously discussed and needing prioritized included: Municipal
Park, East End Trails and Ryan’s Creek North. Frates noted that each area offered advantages
and challenges but needed prioritized for future planning considerations. He further noted that
some of the important considerations should include: connectivity, high density areas, current
157
Parks and Recreation Commission Meeting
January 4, 2018
Page 2
use, and opportunities.
Commission members discussed merits of each location. It was recommended to prioritize the
Municipal Park as first priority based on the following factors: connectivity to Old Town, historical
relevance, proximity to large neighborhood and current opportunities.
MOTION:
Commissioner Joanis MOVED to place Municipal Park as the top priority; Commissioner Kisena
SECONDED the motion. There were no objections; SO ORDERED.
7. NEW BUSINESS
a. Action/Approval – Agenda Format Changes
Director Frates referred to the City Clerk’s memorandum and noted minor changes that would
streamline the format for all committees and commissions.
MOTION:
Commissioner Halstead MOVED to approve the proposed agenda revisions; Commissioner
Wisniewski SECONDED the motion. There were no objections; SO ORDERED.
8. REPORTS
a. Parks and Recreation Director – Frates reviewed the Activity Report as
provided in the packet; noted the Skate with Santa event; the opening of
Daubenspeck Pond for outdoor ice skating; the 2018 flower order; and
planning for a Spring Pickle Ball Tournament.
b. Commission Chair – None.
c. City Council Liaison – Navarre reported on the recent actions taken by City
Council and noted the City will be working on its annual budget.
9. NEXT MEETING ATTENDANCE NOTIFICATION – February 1, 2018
10. COMMISSION QUESTIONS & COMMENTS
The method of maintaining the outdoor rink was questioned. Director Frates described the
process.
A question was asked about the Dipnet app.
11. PERSONS PRESENT NOT SCHEDULED TO BE HEARD – None.
12. INFORMATION
a. Monthly Report
b. Dipnet Report (2018)
c. January MPF Ice Schedule
158
Parks and Recreation Commission Meeting
January 4, 2018
Page 3
13. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:15 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn Kennedy
Deputy City Clerk
159
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
JANUARY 10, 2018 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
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: V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer,
D. Fikes
Staff/Council Liaison present: City Planner M. Kelley, City Clerk J. Heinz, City Attorney S. Bloom,
Planning Assistant W. Anderson, Deputy Clerk J. Kennedy, and
Council Liaison H. Knackstedt
A quorum was present.
c. Election of Chair and Vice Chair
MOTION:
Commissioner Peterson MOVED to re-appoint Commissioner Twait as Chair; Commissioner
Fikes SECONDED the motion. There were no objections; SO ORDERED.
MOTION:
Commissioner Peterson MOVED to appoint Commissioner Springer as Vice-Chair;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
d. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED
the motion. There were no objections; SO ORDERED.
e. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Halstead
SECONDED the motion. There were no objections; SO ORDERED.
160
____________________________________________________________________________________
Planning and Zoning Commission Meeting
January 10, 2018
Page 2 of 5
*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.
f. *Excused absences: Commissioner J. Twait
2. *APPROVAL OF MINUTES: December 13, 2017
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
a. Resolution PZ2017-39 – Original Preliminary Plat of Kenai Spur Highway Rehabilitation:
Sports Lake Road to Swires Road – Phase II, CFHWY00253 submitted by State of
Alaska, Department of Transportation & Public Facilities, 4111 Aviation Ave., Anchorage,
AK 99502
City Planner Kelley reviewed his staff report, which was provided in the packet, noting the plat
reconfigured lots into Right-of-W ay as part of the Kenai Spur Highway Rehabilitation, Sports Lake
Road to Swires Road, Phase II. Based on his review, recommended approval with the following
condition:
• Further development of the property shall conform to all Federal, State and local
regulations.
MOTION:
Commissioner Greenberg MOVED to approve Resolution No. PZ2017-39 with staff
recommendations and Commissioner Halstead SECONDED the motion.
Commission Vice-Chair Peterson opened the floor for public testimony; there being no one
wishing to be heard, public comment was closed.
VOTE:
YEA: Fikes, Askin, Greenberg, Springer, Halstead, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. Resolution PZ2017-41 – Application for an Encroachment Permit to recognize an
encroachment into the front yard setback for an existing one story single family residence.
The residence was constructed at a distance of approximately 16.5 feet from the front
property line where 20 feet is required. The property is located at 1650 Pebble Beach
Court, and further described as Lot 11, Keemau Subdivision Crestwood Addition. The
application was submitted by Robin Sevenson on behalf of the property owners, Dwight
161
____________________________________________________________________________________
Planning and Zoning Commission Meeting
January 10, 2018
Page 3 of 5
H. Kramer and Marlyn L. Kramer, 230 N. Fern Street, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report, which was provided in the packet, noting it is a new
development, Encroachment Permit for the front yard setback due to an error in measuring. It
was found that the applicant complied with the criteria for issuance as set forth in Kenai Municipal
Code 14.20.185, and staff recommended approval with the following conditions:
• Applicant must comply with all Federal, State and local regulations.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2017-41 with staff
recommendations and Commissioner Halstead SECONDED the motion.
Commission Vice-Chair Peterson opened the floor for public testimony.
Dwight Kramer explained that the contractor made a regretful measuring error and suggested an
encroachment permit be sought.
There being no one else wishing to be heard, public comment was closed.
VOTE:
YEA: Askin, Greenberg, Springer, Halstead, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ2018-01 - A Resolution of the Planning and Zoning Commission
Recommending the City Council Enact Ordinance 2998-2018 Repealing, Renaming and
Re-Enacting Kenai Municipal Code Chapter 21.10-Leasing of Airport Reserve Lands to
Encourage Growth, Development and a Thriving Aviation Community Through
Responsible Land Policies and Practices
City Attorney Bloom presented on Leasing of Airport Reserve Lands. He explained the purpose
was to develop a leasing program at the airport designed to encourage growth, development and
a thriving aviation community. Bloom presented an overview of the proposed changes made to
the code. He emphasized the goals included:
• Make the leasing program competitive with other airports to attract new leases and retain
existing lease holders;
• Reduce large changes in rental rates from year to year;
• Develop a process for rent increases that reduces controversy and appeals;
• Simplify the application process;
• Standardize the leasing process and provide transparency; and
• Provide an exit process for leaseholders.
Bloom noted that solutions forward included, but not limited to, eliminating the zone based
appraisal process, new lease application review, reduction of development requirements, and
would offer temporary development incentives. The new section was more comprehensive and
would allow current lessees 2 years to convert to the new plan.
162
____________________________________________________________________________________
Planning and Zoning Commission Meeting
January 10, 2018
Page 4 of 5
City Manager Ostrander noted that an internal working group was formed to address the Land
Sale and Leasing of City Lands; explained that the working group focused on recommendations
to address a number of issues as well as simplify the City’s land sale and lease program. He
clarified that the City planned to address the off-airport properties upon completion of the airport
properties.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2018-01 and Commissioner Halstead
SECONDED the motion.
Commission Vice-Chair Peterson opened the floor for public testimony; there being no one
wishing to be heard, public comment was closed.
VOTE:
YEA: Greenberg, Springer, Halstead, Peterson, Fikes, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt noted the Council meeting was on January
3; reviewed the action agenda; and invited commission members to visit the new Atrium at
the Senior Center.
b. Borough Planning - Borough Commissioner Fikes noted met on January 8; 10 plats
proposed, 9 approved; a cultivation facility was approved; comp plan draft was reviewed.
c. Administration – City Planner Kelley noted an update on Bluff Erosion, awarding contract
to Johnsons Survey; goal to have all acquisitions done by end of 2018; questioned interest
in commission packets on IPad’s with Ilegislate program, as City Council. The commission
welcomed the change from hard-copies to electronic. The City Clerk provided policy details
behind Council Ipad use.
11. ADDITIONAL PUBLIC COMMENT: (3 Minutes) None.
12. INFORMATIONAL ITEMS:
a. Planning & Zoning Resolutions – Fourth Quarter 2017
b. Building Permits – Fourth Quarter 2017
c. Code Enforcement Report – Fourth Quarter 2017
163
____________________________________________________________________________________
Planning and Zoning Commission Meeting
January 10, 2018
Page 5 of 5
13. NEXT MEETING ATTENDANCE NOTIFICATION: January 24, 2018
Commission Halstead noted he may not be present.
14. COMMISSION COMMENTS & QUESTIONS
Commissioners expressed appreciation for the Administration effort with the Airport leases
program and the presentation.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:10 p.m.
Minutes prepared and submitted by:
_____________________________
Jacquelyn Kennedy
Deputy City Clerk
164
165
'Vtfl~ «1/th, a PaJ'~ Ct'tf «1/t/i a ht~e 11
210 FidalgoAve , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax : (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Paul Ostrander, City Manager "P ~
Dave Ross , Police Chief ~)l.
January 5, 2018
Crime and criminal justice reform concerns
I have li sted on the following p ages some c urrent concerns in regard to criminal justice reforms
that have radicall y changed the criminal justice landscape in Alas ka over the last couple of years.
Before getting to those concerns, I will paint a little picture of some concerning crime/call
vo lume stati sti cs in Kenai and how they have trended in the same ti me p eriod.
1. From 2015 to 2016, we saw a slight increase in overall police call volume (about 1%). From 2016
to 2017, we saw another in crease of about 5% which equates to about 400 more calls for
service.
2. Of the police department's call vol ume, the vast majority of statistics that are crime related are
on the rise in Kenai.
3. From 2015 to 2016 we saw a 16% increase in cases of Disorderly Conduct. From 2016 to 2017
we saw another 27% increase.
4. From 2015 to 2016 we saw a 47% increase in responses to mental health issues. From 2016 to
2017 we saw another 39 % increase .
5. From 2015 to 2016 the number of cases of Trespassing on Real Property showed no increase .
From 2016 to 2017 there was a 75 % increase (from 133 reports to 233 reports).
6. From 2015 to 2016 shoplifting reports were up 6% and from 2016 to 2017 shoplifting reports
were again up 14%.
7. From 2015 to 2016 vehicle theft reports were up 45% and from 2016 to 2017 vehicle thefts
were again up 48% (from 20 in 2015 to 43 in 2017).
8. Some statistics that also reflect public concern in these areas are: Requests for welfare checks
were up 12 % from 2016 to 2017, r eports of suspicious vehicles were up 109% from 2016 to
2017, and reports of suspicious person s were up 97% from 2016 to 2017.
166
Page 2 of 6
Crime and criminal justice reform concerns
9. We are, luckily, in an area where the number of felony level violent crimes are very low so
statistical impacts/changes in many of those offenses can be difficult to gauge or attribute to
specific phenomenon.
The 2017 numbers have not been finalized but the above preliminary numbers represent a
sampling of some of the concerning statistics. While it is difficult to accurately attribute crime to
specific factors such as opiods, recession, and criminal justice reform , each likel y plays a role in
rising crime rates that seem to , in large part, have significant impact in the business community
with increases in trespassing and theft. Most of the increased crime categories were specifically
targeted in criminal justice reform as areas to reduce incarceration.
167
Page 3 of 6
Crime and criminal justice reform concerns
Concerns Related to Criminal Justice Refonns :
Property C1ime:
According to the Criminal Justice Commission Annual Report, the State Prison population
reduced by 9.38% from July 2016 to July 2017. In that s ame period "admissions for non-violent
misdemeanors, as a proportion, dropped by 19 .5 %, while admissions for non-violent felonies
dropped _by 9%."
The vast majority of crimes are occurring in those categories of reduced incarceration and those
crimes appear to be on the rise. Statistics show that property crime has low rates of reporting
by victims and even lower rates of being solved by arrest, so small statistical increases in reports
or arrests would indicate large numbers of additional offenses and victims.
Disorderly Conduct:
Under the current framework, after SB91 & SB54 & Judicial Bail Schedule changes, the maximum
sentence for Disorderly Conduct is 24 hours. This maximum sentence makes it unlikely to ever
get prosecuted by the Department of Law, no matter how many times an individual may commit
this crime. The current standard, according to the bail schedu le, is that these offenders are
released on their own recognizance immed iately after arrest, without being held overnight or
going before a judge .
AS28 Changes:
SB91 made Driving Revoked/Suspended an infraction, and SB54 followed up by making driving
without a license an infraction. Alaska drivers get their lice nses revoked, suspended or
cancelled as a result of crime s they committed (e .g. DUI), too many violations (e.g. speeding,
negligent driving) or other issues (e .g. fail to pay child support, medical issues). Under the
current framework, drivers in violation of the statute receive citations, which may or may not
ever be paid. By reducing these to violations, there is no effective deterrent to drivers
continuing to drive, even after they have proven themselves as unsafe to be operating a motor
vehicle .
Drug possessio n reduced to Misdemeanor:
Possession of substances like Heroin and Meth were reduced to misdemeanors under SB91.
o Prior to SB91 an arrest for possession of those substances required the defendant to see
a judge for arraignment prior to release. Currently, if they are physically taken to jail
they are immediately released on their own recognizance, or they are simply issued a
summons to go to court rather than arrested.
168
Page 4 of 6
Crime and criminal justice reform concerns
o Lack of incarceration impacts whether some sober up or 'detox.'
o Lack of the threat of a felony or incarceration may influence their willingness to
cooperate with the police to go after drug dealers and drug houses that have major
impacts on neighborhoods and communities.
o Lack of the threat of a felony may keep some from entering treatment or the State
having the ability push treatment.
Probation Concerns:
5891 required that probationers could serve no more than 3/5/10 days of incarceration for their
'technical violations' of probation. This eliminated discretion of probation officers to make
recommendations beyond those. Probation officers may be further limited in their
recommendations by their own Department matrix on when to make those recommendations.
Probationers likely know the very limited consequences for probation violations and that any
concern for having their entire probation revoked is very small.
It does not appear uncommon to have very high numbers of violations of probation prior to
being sent back to jail to serve the time, as the Department of Corrections (probations) and
Judges have adjusted to SB91.
Pretrial Services: (We are just now starti ng to see this roll out, so there are a number of
unanswered questions. Thi s portion of SB91 to ok effect January 1, 2018)
It appears that as a result of these release standards that began at the beginning of 2018, there
will likely be a large number of people currently incarcerated that will have the opportunity to
try to be released under these new standards with a risk assessment, or potentially just released
after a bail review with no risk assessment. This doesn't seem clear yet.
It does not appear that the risk assessment tool as it is currently planned will include looking at
any out of state criminal convictions, rather only in state offenses will affect the risk assessment.
This seams like it could involve serious risk of releasing high risk offenders.
The numbers of Pretrial Services Officers (especially what may be assigned to rural areas), will
leave questions as to whether they can provide meaningful monitoring of the number of
individuals out on release. Currently the Kenai area is scheduled to be covered by a pretrial
services officer assigned in Anchorage.
Their ability to monitor and what department matrix they may us e to decide on violations and
re -incarceration are yet to be observed, but may play a role in crime rates among that
population .
There is the potential that the j udiciary may overly rely on the 'sa fety' of pretrial service
monitoring when allowing release and setting conditions of release, beyond what 'safety' can
really be provided by the program.
With the additional changes made in SB54 , all those released on their own recognizance prior to
arraignment will not receive this risk assessment . This group is the vast majority of offenders in
the area , including many of the repeat property crime offenders.
Release on Own Recogni zance:
169
Page 5 of 6
Crime and criminal justice reform concerns
Below is a chart produced by the Alaska Criminal Justice Commission (copied from the
Practitioners Guide to SB91). This table summariz es the statutory limitations that apply to
recommendations from pretrial service officers to the court. This took effect on January 1, 2018 .
Misdemanors Class Cfelon i es
[e xceptions 1] [exceptions 2] DUI I refusal FTA/VCOR Other
OR presuptively OR presuptively
Low-Risk OR Recommended OR Recommended OR Recommended recommended recommended
OR presuptively
Mod-risk OR Recommended OR Recommended OR Recommended recommended SB authorized
OR presumptively
High Risk OR Recommended OR Recommended recommended SB authorized SB authorized
1 Exceptions : Domestic violence offenses, person o ffenses , failure to appear, VCOR.
2 Exceptions: Domestic violence offenses, person offenses, or failure to appear.
It would appear that C Felonies including crimes that are not person crimes such as burglary of a
business, vehicle theft, etc. will require that the pretrial services officer must recommend OR
(release on own recognizance) no matter the risk . The same is true of all property crime
misdemeanors, no matter the risk.
Below is another chart produced by the Alaska Criminal Justice Commission (copied from the
Practitioners Guide to SB91 ). It details the restrictions placed on judges in regard to pretrial
release.
Low-risk
Mod-risk
Misdemeanors
[Exceptions 3]
Class C Felonies
[Exceptions 4] DUI/refusal FTA/VCOR Other
Mandatory OR Mandatory OR Presumptive OR Presumptive OR Presumptive OR
Mandatory OR Presumptive OR Presumptive OR Presumptive OR SB Authorized
High-risk Presumptive OR Presumptive OR Presumptive OR SB Authorized SB Authorized
3 Exceptions: Person offenses, sex offenses, domestic violence offenses, DUI/refusal, FTA ,
VCOR.
4 Exceptions: Person offenses, sex offenses, domestic violence offenses, DUI/refusal , FT A ,
VCOR.
Mandatory OR means that the defendant must be released on recognizance or on unsecured
bond .
Presumptive OR means the defendant must be released on recognizance or on unsecured bond,
unless the judge finds clear and convincing evidence that no combination of release conditions
with recognizance relea se or unsecured bond can reasonably ensure appearance in court and
public safety.
SB Authorized means secured money bond is authorized.
170
Page 6 of 6
Crime and criminal justice reform concerns
The portion of SB91 that has taken effect in January 'presumes ' the release (OR) of even the
highest risk misdemeanor offenders, Class C fe l ony offenders, DUI/Refusal Offenders, and even
moderate risk Fail to Appear and VCOR offenders (with some exceptions, but none related to
property crime). It will also strictly limit that release recommendation from the pretrial service
officers.
These strict limitations on the system for when a person can be held on bail prior to trial are sure
to lead to public safety issues and additional victims.
171
MEMORANDUM
TO:
1l/tff O;fe «1/t/r, a Pa.f~ Ct~ «1/t~ a f"u.t~ "
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai .city
THROUGH:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager y.c./.
FROM :
DATE:
Kathy Romain , Senior Center Directo ~
January 10, 2018
SUBJECT: December Monthly Report
December 2017 Home Meals NTS
Clients Meals
60+ Service Area 45 784
60+ Outside Service Area 1 28
Under 60 + Service Area
Under 60+ Outside Service Area
Subtotals 46 812
Total
Choice
Clients Meals
12 423
1 28
4 208
1 30
17 689
1501
During the month of December, 114 volunteers donated 906 hours of their time ;
42 individuals used the Social Security Video Service; and, 1,385 congregate meals were served
in the dining room . The Senior Center was rented out three times and hosted two Celebration of
Life services .
December brought various music groups to perform during the noon hour
including : Cook Inlet Academy & Joyful Sounds Homeschool Group, Riverside Harmony Acapella
Singers, an Irish Dance Performance by Amelia Aquipel and our own Kenai Senior Center Choir
& Bell Ringers.
Mountain View Elementary Students helped decorate Christmas cookies to give to
our City Council and 50 teachers and staff shared lunch with our seniors on December 22 during
their In-Service Day.
• Breakfast with Santa brought children and their parents in to enjoy breakfast with
the seniors and an opportunity to visit with Santa. Kids who have enjoyed this event in their youth ,
now bring their own children to this time-honored tradition .
The Senior Center was open for a Christmas potluck for seniors and their families
thanks to the Merrill family. Over 40 people were able to enjoy a holiday meal together.
The New Year's Breakfast Buffet & Talent Show brought over 90 seniors together
to enjoy a fabulous meal with a "show" as various individuals shared their talents . A couple of
highlights were The C remation of Sam McGee' narrated by Dave Thompson and 'How Great
Thou Art' sung in Yupik by Mary Thomas.
• Kenai Senior Connection , Inc. sponsored a food drive collecting non-perishable
:~~~.items for seniors in need and 22 food bags were delivered to individuals in the gr~
172
'Vtfl~ UJ/t/t, a PaJ'~ Ct'tj UJ/t/t, a Fat~ "
210 Fidalgo Ave , Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
THROUGH:
Mayor Brian Gabriel and Kenai City Council
Paul Ostrander, City Manager '? D ·
Robert J. Fra t es, Parks & Recreation Director
January 10, 2018
FROM:
DATE:
SUBJECT: Mid-month Report
A total of 94. 75 hours of ice was rented for the month of December. This compares to 69 hours
during this same t ime in 2016. The annual Peninsula Winter Games Youth Hockey Tournament
w ill take place January 26-28 w ith venue shared between the Soldotna Regional Sports Complex
and the Kenai Rin k . This tournament typicall y draws teams from around the state.
Be low represents recent tasks and activities :
• Duabenspeck Family Park pond was opened for outdoor ic e skating toward the end of
November. Maintenance is ongoing .
• Plann ing and mapping out poss ible future pedestrian trails is ongoi ng . Staff is work ing
on rev ising and updating the summer 2018 park and beautification brochures.
• City Manager Ostrander and Parks & Rec. Director Frates met with three members of
the biking community . They e x pressed interest in possibly having some bike repair
s tations placed in key areas throughout the Kenai /Soldotna area . Frates contacted
KCHS for possible collaboration and interest.
• Crews started removing winter pole decorations .
• Crews completed the assembly of the second sports blea c her.
• Due to insufficient snow covera ge, Nordic tra il grooming continues to be placed on hold .
• Department staff completed some of their on -line train ing requirements .
• No hours recorded recently for hy drant snow removal ; s idewal k snow re moval has been
m inimal to date with e xception to ice control in certain locations.
• Staff ass ist ed and performed sanding at the Mun icipal Park parking lot, Da ubenspeck
Family Park and at the cemetery.
• Staff logged a couple hours performing maintenance to some of the equipment at the
Recreation Center (treadmill drive belt , pulley and cable replacement).
173
Page 2 of 3
Subject
• Routine inspections (facility , parks, playgrounds) performed , including waste
management and restroom cleaning .
• Staff located two cemetery plots for burial purposes .
174
'Vtff ~ «J/t/i Q PaJ'~ e~ «J/t/i Q Fu.twee II
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
January 2018 -Airport Managers Report
2010 Master Plan -Additional ALP comments were received from the FAA on December
7t h and City and Airport Administration have only a couple of comments to finalize . The
ALP should be all completed by the end of January 2018.
2016 Fencing Rehabilitation -The project is currently under design for the automatic
gates and the access control system .
2017 Terminal Rehabilitation Proje ct -Des ig n Grant -The Design team held the second
meeting with the Airport tenants on December 4, 2017. Three different concepts were
presented for review and comment. The Design T earn held a teleconference with the
FAA on January 8 , 2018 to review the list of terminal improvements as to what is AIP
eligible is and what is not.
2017 Snow Removal Equipment -One of two new pieces of snow removal equipment
(SRE) arrived at the Airport the week of December 18. The machine is a 2017 CAT 966
M loader that includes a 5-yard bucket , 10-yard snow bucket , JIB , and a U-blade.
In-house:
Airfield Operations staff have dealt with some difficult winter conditions in addition to
heavy fog and a couple of snow events . Maintenance staff were very diligent in efforts to
keep the runway open and available ; any cancelled flights were due to the heavy fog .
Airport Administration is working with City Admin istration on the revision to the land
l easing policy and preparing for the FY19 budget.
Advertising Opportunity -The advertising concessionaire is looking for businesses to
advertise on the TV in the terminal lobby. This is a great opportunity to advertise your
business or event in a highly visible area . Alaska Channel can be reached at
907.777.7700.
175
December Enplanement Report
Grant
1,534
22.94%
December 2017
6,687
RAVN GRANT Tota l Month ALASKA AVIATION 2017
Januarv 5,576 1,584 7,160
Februarv 5,097 1,5 18 6 ,61 5
March 5 480 1,726 7 ,206
April 5,216 1,677 6,893
May 5,499 1,605 7,104
June 6 ,067 1,931 7,998
Julv 8 ,643 2,20 9 10,852
A uoust 8 , 164 2 ,619 10,783
Septembe r 6 ,061 1,953 8,014
October 5 ,830 1,716 7,546
Novem ber 5,283 1,703 6,98 6
De cember 5.153 1,534 6,687
Totals 72,069 21 775 93 ,844
Term i nal -Vehicle Parking Revenues
December
2016
7,104
6,481
6 ,798
6 ,144
7,296
7,563
11 ,234
11 ,062
8,019
7,679
7,096
7,136
93,612
FY17 $19,933 FY17 Total $236 ,886
FY18 $20,757 FY18YTD $120,119
Change
from 2016
56
134
408
749
-192
435
-382
-279
-5
-133
-110
-449
232
RAVN
5,153
77.06%
KENAI
AVIATION
13
17
22
47
26
36
15
176
Vehicle Parking Revenues
275 00
25000
22500
20000
17500
15000
12500
10000
7500
5000
2500
0
~
,.___ -
•FY17 -
• FY1 8 --,.___ -
I
Jul Aug Sept Oct Nov De c Jan Fe b M ar A pr May Ju n
Combined
Month
Total
7,173
6 ,632
7 ,228
6 ,940
7.130
8,034
10,867
54,004
176
'Vtt'f~ «1/t/z, a Pa.r~ Ot'tf «1/t/z, a Fatfl.l"e"
2 10 Fidalgo Ave , Ke nai , Alaska 99611-7794
Te l ephone : (907) 283-7535 I Fa x: (907) 283-30 14
www.kena i.ci t y
L ibrary Mid-Month R e p o 11 J a nuary
I December Circulation Figure s
Adult Fi c ti o n 1,194
Adult Non-F ictio n 909
Young Adu lt F icti on 205
P eriod ica ls 64
Juvenil e Fict ion 277
Juvenil e Non-Fic ti o n 218
Ea sy Fic ti o n 716
Easy Non-F i c ti on 325
lnterlibra1y L oan 1
Bo ok s -Con s ortium 280
I Total Print 4,189
Intern et Access
iP a d us e
Video
Ro o m Bookin g
M us ic
D V D s
A udi o book s
Miscellaneou s
Comp uter Prog rams
M edi a -C onsort ium
T otal Non-Print
T otal Circulation 12/17 7,889 Downloadable Audio
Total Circulation 12/16 7,878 Downloadable E Books
% change <I % In-Ho use circula tion
Note that downloadable us e is at 1,001 items .
• L ibra r y Door Count ..... .. 7,147
DE C E MBE R
Library C ards I ss u ed
Income ILL
Fine s $ 685.95 K asilof
Xerox 0.00 Kenai
Lost/Damaged 29 .99 N ik i sk i
Tes t Proctorin g Fee 40 .0 0 Non-Resid ent
Print i ng 228.75 Other Peninsula
O the r 0 .00 Sold otna
Total income $ 984 .69 Ste rling
T otal
723
175
0
170
53
2 ,272
45
180
82
3,700
529
453
213
December
0
5
12
7
0
2
4
0
30
177
Page 2 of 2
Library Mid-Month Report
DProgramsD
In December we had 12 volunteers who put in about 44 hours. There were 15 children's
programs w ith 267 total in attendance, and 18 adult and fami l y programs with 275 attendees .
Attendance at programs increased by 77% over the same month in 2017. In December we
ord ered 3 interlibrary loan items not available through the consortium and received 2 items, we
returned 3 item s and loaned 2 items to other libraries who are out of state or not in the
consortium .
,.... 0 TOTAL C I RC
°' ... 0
.,;-w ,.... "' 00 "' "' ,.... .... co °' .,;-.,;-"' "' °' m ... .... 0 w ...
"' .... w co "'
,._ .... .,;-... °' 0 ,._
"' w .... "' <D "' "' N .... 0 :g 0 w .... rl ... N w
CTI °' .... "' 0 00 0 0 .,;-.,;-,._ .... .,;-0 ... 0 .... 0 ... ...
2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005
Circulatio n of electronic books and downl oadable audio increased 12% over that circulation last
year.
178
'Vtfl'qpe «1/t/r, a Pa.r~ Ct'tj «1/t/r, a Fu.tal"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 Manager?c:::>·
Terry Eubank , F ina nce Director 1(
January 11, 2018
Finance Department Mid-month Report
The past month has been a busy one with much of the department's focus on the preparat ion of
the FY2019 Budget. The Council is tentatively scheduled to receive its fi rst draft of the FY2019
budget in April. There is much work to be done by all City departments over the ne xt couple of
months .
The department is preparing for a year-end review of the Airport Land Sale and General Land
Sale Permanent funds ' performance . The FY18 transfer from the ALSPF to Airport Operations
and the GLSPF to the General Fund are being calculated. The amount of these transfers is a
funct ion of their December 31 , 2017 balances. Representatives from Alaska Permanent Capita l
Management will be present at the February 7th Council meeting to discuss the 2017 performance
of the perm a nent funds, recommend the asset allocation and benchmarks for 2018 , and g ive a
brief d iscussion on the economy and the ir projections for 2018.
The Department is also working on a number of projects which include :
1. Issuance of a Request for Proposal for Audit services . The current audit contract termed-
out on December 31, 2017 .
2 . Complete review of the investment methodology and asset allocation of the Cit y's
permanent funds . 2018 marks the ten-year anniversary of our current management
methodology and a thorough review warranted in prepa ration for the ne x t ten-year cycle.
This review w ill look at revenue requirements and estimated levels of r isk associated w ith
different revenue assumptions . This level of review is completed once every ten years
w ith annual reviews each of the other nine years .
3. The department is evaluating the cost and benefits of external management of the City 's
short-term investment pool.
4. Assisting the Fire Department with a Request for Proposal for a mbulance billing services .
179
'litff tlje «1/'t~ (( Pa~~ Ct~ «1/'t~ (( rat{l.fl; I I
210 Fidalgo Ave, Kena i, A laska 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 O strander, C ity Manager?.o ·
Sean Wedemeyer, Publ ic Works Director/Capital Projects Ma nager Sf1v./
January 2018
Mid-Month Report; Public Works I Capital Projects
• Recruitments -Recruitment for Water & Sewer operator underway.
• Auction -Discussion item on this agenda .
• WWTP Improvements - A kickoff meeting and field visit was conducted by CH2MHill on
January 11. The improve ments to be designed include dissolved ox ygen probes , variable
speed drive blowers, fine bubble diffusers , and e valuation of other potential energy saving
upgrades .
• Public Safety Building Improvements -Boiler replacement substantially complete. Closeout
in progress.
• Fencing Rehab with Access Control -Design in progress. Scope includes bringing security
card access to nine gates a nd possibly gate upgrades .
• Small Ta x iways and Aircraft Tiedown Rehabilitation -Closeout in progress. Scope included
rehabilitating pavements on Taxiways F , G and H and the long-term tie-down apron and
addressing FAA comments on ta x iway and runway lighting as well as e xi sting and new area
lighting .
• Terminal Building Rehab Conceptual Plan and Design -Multiple meetings ha ve been held
with various participants to continue to define the scope of this project. In general it will include
HVAC and electrical upgrades, a new roof, better space utilization , and cosmetic
improvements.
• 2016 Improved Airport Drainage -Closeout in process. Sc ope included replacing the
floatplane pond outfall gate and m itigat ing ponding areas that attracted wildlife .
• Kenai Ai rport Airfield Marking and Signage 2016 -Closeout in progress.
• Dock repair -Design in progress . Scope includes repa irs to damage caused by the
earthquake and cathodic protection to m itigate accelerated corrosion of the pi ling . An
ordinance is in this packet to fund the project.
180
Page 2 of 2
Mid-Month Report
• Flight Service Station Phase 3 (Interior remodel) -Will be bid this winter. The scope includes
break-room upgrades , lockers, painting , carpet, duct and carpet cleaning . This will complete
the work required by the FAA lease agreement.
• Senior Center Dining Room Atrium Replacement and Roof Repair -Closeout in progress.
• Purchase Sander Trucks -Purchase Orders have been provided to the vendors . Delivery
anticipated in March 2018 .
• Purchase Street Sweeper -Specifications in development.
• Recreation Center Improvements -Design in progress. Scope includes replacing ageing
water heaters with high efficiency heaters, HVAC improvements including replacing Roof Top
Units and system upgrades , e.g. thermostat locations and flow balancing .
• Recreation Center Management Agreement -Request For Proposal (RFP) documents in
development. A meeting was held with the proposal review committee to discuss scoring
criteria .
• Ryan Creek Culvert Repair -Design in progress . Th is culvert crosses Frontage Road from
Leif Hansen Memorial Park to the drainage that runs next to the Senior Center.
• Kenai Cemetery Expansion 2018 -design proposal delivery deadline February 6, 2018.
Scope includes grading and seeding , aluminum and chain link fencing , gravel road and
walkways , survey monuments, and a well and related appurtenances .
• USACE Bluff Erosion -See City Manager's report .
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd . to Eagle Rock Dr. is
reported by DOT to Bid in January 2018. City of Kenai water main replacement crossing KSH
at Shotgun/Beaver Loop designed , funded , and will be bid with DOT project.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake -
ADOT advises they plan to bid in November 2018, more likely 2019 .
• DOT KSH Rehabilitation (Grind and pave) MP 12.25 to 18.52 -ADOT advises they plan to bid
and construct in 2018 .
• DOT Beaver Loop Road and Pedestrian Pathway Project -ADOT advises construction may
be possible in 2018 , more likely 2019 .
181
'Vtfl'ate «1/tli a Pair~ Ot~ «1/tli a f"u.tfl.l"e"
210 Fidalgo Ave , Kenai , Alaska 99611-7794
Telephone: (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
2017
Paul Ostrander, City Manager V · o ·
David Ross, Police Chief ~~·
1/8/2018
Police & Communications Department Activity -Month of December
Police handled 696 calls for service . Dispatch received 324 9-1-1 calls , 254 of which came
from cell phones. Officers made 51 arrests and wrote 275 reports. Traffic enforcement
resulted in 194 warnings , 24 citations for speeding, 30 citations for equipment violations , and
77 citat ions for "other."
There were 5 DUI arrests (0 felony). Officers investigated 23 motor vehicle crashes . There
were 6 collisions involving moose , and there were none involving alcohol or drugs.
December training included: The KPD officer on the SERT team spent two days at training .
One investigator attended a two-week death I homicide class in Florida . Two officers attended
an executive development training in Anchorage . Two officers attended an emergency
response to CINGSA training in Kenai. KPD held defensive tactics training in Kenai for the
entire department.
182
'Vtfl~ «1/tli a Paif~ Ot~ «1/tli 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:
Paul Ostrander, City Manager ? c::> ·
Dave Ross, Police Chief
Jessica "JJ " Hendrickson , Animal Control Chief
1/4/18
December 20 17 Animal Control Monthly Report
Thi s m o nth the Kenai Anim al She lter to ok in ~ anim a ls. Anim a l i ntake and di sp osition:
DOGS:
INTAKE 28 DISPOSITION
Waiver 15 Adopted
Stray 8 Euthanize d
Impound 1 Claimed
Protective Custody 2 Field Rel e ase
Quarantine 0 Transferred to Re scue
Other Intakes 2 Other Di s posi tions
CATS :
INTAKE 48 DISPOSITION
Waiver 38 Adopted
Stray 9 Euthani ze d
Impound 0 Claimed
Protective Custody 0 Field Release
Quarantine 0 Transferred to Rescue
Other Inta kes 1 Other Dispositions
OTHER ANIMALS:
INTAKE 8 DISPOSITION
Rabbit 7 Rabbit
Guinea Pig 1
DOA: 8 OTHER STATISTICS :
Do g 6 Licen ses (City of Kenai Dog Licenses)
30
18
3
5
0
4
0
48
16
5
1
0
26
0
2
2
39
183
Page 2 of 2
2 I Microchips (Dog and Cat)
Citations
Animal dropped with After Hours (d ays we are closed but cleaning and with KPD)
Volunteer Hours Logged
Animal s are known borough animal s
Field hwestigations & patro ls
Statistical Data:
m 2015 YTD Intakes
8 201 6 YTD Intakes
2 20 1 7 YTD Inta kes
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: January 11, 2018
SUBJECT: Report to Council – Destruction of Records
In accordance with the City of Kenai Public Records Management Schedule and Record Retention
Policy, approved and adopted under Resolution No. 2017-22, the City Clerk's Office disposed of certain
City Records on December 14, 2017, which were subject to disposal under the Schedule.
Animal Control 7 boxes
Human Resources 4 boxes
Clerk 4 boxes and electronic files of meeting recordings
Finance Department 40 boxes
Legal Department 9 boxes
Library 8 boxes
The records were authorized for destruction by the respective department managers and the city
attorney, as per KMC10.30. A complete list of the above referenced obsolete records is available for
review in the Clerk's Office.
184
185
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: JANUARY 17, 2018
VENDOR
JOHNSON LAND SURVEYING
DESCRIPTION
SUBDIVIDE PLAT FOR BLUFF ERIOSION
PARCELS
DEPT .
BLUFF EROSION
ACCOUNT AMOUNT
LAND 3 ,820.00
JANUARY 17, 2018
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to Item D.3. Ordinance No. 2997-2018
• Excerpt of 01/20/16 Council Minutes
• Land Use Table City Attorney
Add to Item D.4. Ordinance No. 2998-2018
• Memo
• Map City Attorney
Remove Item G.2. Purchase Orders Exceeding $15,000 City Clerk
Add to Item J.3. City Clerk Report
• Thank you letter to Subaru City Clerk
KENAI CITY COUNCIL -REGULAR MEETING
JANUARY 20, 2016-6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE ., KENAI, AK 99611
VICE MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on January 20 , 2016 , in City Hall Council
Chambers , Kenai, AK . Vice Mayor Brian Gabriel called the meeting to order at 6:00 p.m .
1. Pledge of Allegiance
Vice Mayor Gabriel led those assembled in the Pledge of Allegiance .
2. Roll Call
There were present:
Pat Porter, Mayor (telephonic)
Robert Molloy
Terry Boo key
Tim Navarre (telephonic)
A quorum was present.
Also in attendance were:
Henry Knackstedt
Brian Gabriel, Vice Mayor
Mike Boyle
**Hannah Drury, Student Representative
Terry Eubank, Acting City Manager
Scott Bloom , City Attorney
Sandra Modigh, City Clerk
Jamie Heinz, Deputy Clerk
3 . Agenda Approval
Vice Mayor Gabriel noted the following requested revisions/additions to the agenda/packet:
Add to Item 0. 1
Ordinance No. 2870-2016
• Correspondence in Opposition
• Correspondence in Oppositi on
Add to Item H. 2
A irport Commission Report
• Correspondence from Director
•
MOTION PASSED UNANIMOUSLY.
VOTE ON THE AMENDED AMENDMENT MOTION:
YEA: Porter, Knackstedt, Navarre, Bookey, Boyle , Molloy, Gabriel
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Councilor Molloy MOVED to amend the land use table by making Marijuana Testing Facilities a
permitted use in the Light Industrial and Hea vy Industrial zones; the motion was SECONDED by
Council Member Bookey.
VOTE ON THE AMENDMENT MOTION:
YEA: Porter, Knackstedt, Navarre, Bookey, Boyle, Molloy, Gabriel
NAY:
**Student Representative Drury: YEA
MOTION PASSED UNANIMOUSLY.
Old Town 's positioning related to the General Commercial and Central Commercial zones was
clarified.
MOTION TO AMEND:
Councilor Bookey MOVED to amend the land use table by permitting Marijuana Cultivation
Facility, Standard , Marijuana Culti vation Facility, Limited , Retail Marijuana Store, and Marijuana
Product Manufacturing Facilities in the General Commercial zone by Conditional Use; the motion
was SECONDED by Council Member Molloy. UNANIMOUS CONSENT was requested .
VOTE ON THE AMENDMENT MOTION: There being no objection; SO ORDERED .
MOTION TO AMEND:
Councilor Molloy MOVED to amend the 131h "WHEREAS ," clause to read, "WHEREAS ,
Commercial Marijuana Establishments should only be allowed by Conditional Use subject to the
provisions of Kenai Mun icipal Code Section 14 .20 .150 to allow the Planning & Zoning
Commission to evaluate each establishment to ensure consistency with Commercial Marijuana
Regulations and the goals of the Kenai Zoning Code except for Marijuana Testing Fac ilities in the
IL and IH zones which are consistent with other permitted uses in these zones; and ,"; the motion
was SECONDED by Council Member Knackstedt. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT:
MOTION TO AMEND:
City of Kenai Council Meeting
Jan uary 20, 2016
There were no o bjection ; SO ORDERED.
Page 9of17
Cou nc ilor Bookey MOVED to amend the land use tab le by permitting Ma rijuana Retail Stores by
Con ditional Use in the Centra l Mi xed Use zone; t he motion was SECONDED by Council Member
Mo lloy.
It wa s clarified the only affect the amendment would have on Old Town was that the properties
on the Kenai Spur Highway, accessed only by the highway, wou ld be allowed by Conditional Use
Permit.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Navarre , Bookey, Boyle, Molloy
NAY: Porter, Gabriel
**Student Representative Drury: YEA
MOTION PASSED.
MOTION TO AMEND:
Councilor Bookey MOVED to amend the lan d use table by allowing Marijuana Cultivation
Facilities, Standard and Marijuana Cultivation Facilities, Li mited as a permitted use instead of by
Conditional Use in the Light Industrial and Heavy Industrial zones ; the motion was SECONDED
by Council Member Molloy.
It was suggested tha t marijuana be permi tted uses in some zones and not be solely Condit ional
Use everywhere . There was opposi tion noting that the citizens should be comfortabl e with the
new industry before it was allowed as a permitted use.
VOTE ON THE AMENDMENT:
YEA: Bookey, Boyle , Molloy
NAY: Porter, Gabriel, Navarre, Knackstedt
**Student Representative Drury: NAY
MOTION FAILED.
MOTION TO AMEND:
Councilor Bookey MOVED to amend the land use table by allowing Marijuana Retail Store as a
permitted use instead of by Conditional Use in t he Light Industrial and Heavy Indu strial zones;
the motion was SECONDED by Council Membe r Molloy.
VOTE ON THE AMENDMENT:
YEA: Bookey, Boyle, Molloy
NAY: Porter, Gabriel , Navarre, Kn ackstedt
**Student Representative Drury: NAY
MOTION FAILED.
City of Kenai Council Meeting
January 20, 2016
Page 10of17
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3, 29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3, 29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible Uses P N N N N N N N C C C C N N N C C
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service Stations C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer Services C N C N C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Marijuana Cultivation Facility, Limited 30 N N C C C C C C N C C C N N N C N
Marijuana Cultivation Facility, Standard 30 N N C C C C C C N C C C N N N C N
Marijuana Product Manufacturing Facility 30 N N N N N N N N N C C C N N N N N
Marijuana Testing Facility 30 N N N N N N N N C C P P N N N C C
Professional Offices C N C C29 C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
COMMERCIAL (cont’d)
Retail Marijuana Store 30 N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C P20 C N C N N C C C C C N C N N C
Necessary Aviation Facilities P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/Fabricating/Assembly P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/INSTITUTIONAL
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings P C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C12 P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS
Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C
Assemblies15 (Large: Circuses, Fairs, etc.) P C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Communications Towers & Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 C P C N C C C C P P P P P C C C C
Crematories/Funeral Homes N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on following pages for additional restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Essential Services P P P P P P P P P P P P P P P P P
Farming/General Agriculture*** N P P N N N N N N N N P N P N N N
Fraternal Organizations/ Private Clubs/Social Halls and Union Halls N N C N C C C C P P P C N C P C P
Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P
Gunsmithing, Taxidermy N N C N C C C C P P P P N C P P P
Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/C27 P
Recreational Vehicle Parks N C C N C N N C C C C C N C C N C
Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N
Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N
* See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
** See 42 Telecommunications Act of 1996, Sec. 704(a)
*** See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1. Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and
site plans.
2. One (1) single-family residence per parcel, which is part of the main building.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone;
d. Water and sewer facilities shall meet the requirements of all applicable health regulations;
e. The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values;
f. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population;
h. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See “Townhouses” section.
5. See “Mobile Homes” section.
6. Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets the minimum Federal Housing Authority requirements.
7. See “Planned Unit Residential Development” section.
8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line.
11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the
zone.
12. Allowed as a conditional use, provided that the following conditions are met:
a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public;
b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets.
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and
commercial kennels require a kennel license (see KMC Chapter 3.15).
14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary.
15. Allowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets.
16. See “Conditional Uses” section.
17. See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18. Conditional Use allowed only on privately held property. Not allowed on government lands.
19. Reserved.
20. The airport related uses allowed under this entry are aircraft approach and departure zones pursuant to KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, taxiways or parking aprons, FAA authorized
uses are allowed.
21. Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH zones.
22. Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone.
23. Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business).
25. Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27. Personal services not set forth in the below matrix are conditional uses.
Limited Commercial Zone
Personal Services- Permitted(P) Conditional Use(C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met.
29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred
seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel.
30. See Marijuana Regulations, KMC Section 14.20.230 – Home Occupations, KMC Section 14.20.320 – Definitions, KMC Section 14.20.330 – Standards for Commercial Marijuana Establishments.
(Amended during 7-7-99 supplement; Ord. 1862-2000; amended during 12-1-00 supplement; Ords. 1911-2001, 1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005, 2144-2006, 2152-2006,
2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011, 2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016)
New Text Underlined; [DELETED TEXT BRACKETED]; Revised Text Bold
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: January 17, 2018
SUBJECT: Amendment Memorandum for Ordinance No. 2998-2018 – Leasing of
Airport Lands
____________________________________________________________________________
This memorandum provides recommended amendments to Ordinance 2998-2018. I request
Council move the following amendments:
1. Amend second to last WHEREAS clause to read:
WHEREAS, the Planning and Zoning Commission at its meeting of January 10, 2018
passed P&Z Resolution 2018-01 recommending the City Council enact Ordinance 2998-
2018; and,
2. Amend last WHEREAS clause to read:
WHEREAS, the Airport Commission at its meeting of January 11, 2018 recommended the
City Council enact Ordinance 2998-2018.
3. Amend section 21.10.015(a) on page 15 of 26 of the Ordinance by removing the word “land”
in the first sentence as follows:
21.10.015 Definitions.
When used in this Chapter, the following terms shall have the meaning given below:
(a) “Aeronautical Use” means any use land within the Airport Reserve that involves, makes
possible, or is required for the operation of aircraft or that contributes to or is required for the
safety of such operations. It includes, but is not limited to: Air taxi and charter
operations; Scheduled or nonscheduled air carrier services; Pilot training; Aircraft rental and
sightseeing; Aerial photography; Crop dusting; Aerial advertising and surveying; Aircraft
sales and service; Aircraft storage; Sale of aviation petroleum products; Repair and
Page 2 of 2
Leasing of Airport Lands
maintenance of aircraft; Sale of aircraft parts; Parachute activities; Ultralight activities; Sport
pilot activities; and Military flight operations.
4. Amend section 21.10.105(b) on page 24 of 26 of the Ordinance by removing the following
words “or the department otherwise directs under (f) of this section” in the first sentence as
follows:
21.10.105 Ownership of Improvements.
(a) Permanent improvements on the premises, excluding site development materials,
constructed, placed, or purchased by the lessee remain the lessee’s property as long as a
lease for the premises remains in effect with the lessee, including renewals, any period of
extension approved by the City pursuant to the provisions of this Chapter, or any period of
holdover.
(b) Unless otherwise provided in a land lease or the department otherwise directs under (f) of this
section, at the expiration, cancellation, or termination of a lease that is neither extended nor
followed by a successive lease, the departing lessee may do one or more of the following:
Your consideration is appreciated.
January 17, 2018
Subaru of America
c/o Tom Doll - Chairman
2235 Marlton Pike W
Cherry Hill, NJ 08002
RE: Meals on Wheels Delivery Vehicle
Dear Mr. Doll,
Thank you for the generous donation of a 2018 Subaru Outback to the Kenai Senior
Center for our local Meals on Wheels program. The Kenai Peninsula is one of the
fastest growing senior populations in Alaska and the addition of the Subaru will allow us
to more safely and effectively deliver to our more rural locations. The Subaru will
consistently be able to transport 6,000 home meals per year, in areas that are on
unpaved roads and that have more ice and snow than city roads. This donation will
make an indelible mark on the lives of many seniors in our community, for many years
to come.
In gratitude,
________________________________ ______________________________
Brian Gabriel Sr., Mayor Tim Navarre, Vice Mayor
________________________________ ______________________________
Robert Molloy, Council Member Glenese Pettey, Council Member
________________________________ ______________________________
Jim Glendening, Council Member Mike Boyle, Council Member
________________________________
Henry Knackstedt, Council Member
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
ACTION AGENDA
KENAI CITY COUNC IL -REGULAR MEETING
JANUARY 3, 2018-6:00 P.M .
KENAI CITY COUNC I L CHAMBERS
210 FIDALGO AVE., KENAI, A K 99611
http://www.kena i.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. Kenai Senior Connection -Senior Center Atrium Project and March for Me·a1s
Donation .
2 . Robert Ruffner, Member, Alaska Board of Fisheries -2014/2016 Integrated Water
Quality Monitoring and Assessment Report.
3 . Dean Williams, Commissioner, Alaska Department of Corrections -Wildwood
Correctional Work Release Program .
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. POSTPONED TO 0111712018. Ordinance No. 2992-2017 -Waiving the
Requirements of KMC 17 .20 .010 -Mandatory Connections and Abandonment of Old
On-Site Sewer Systems, for 2737 lliamna Road.
2 . POSTPONED TO 0210712018. Ordinance No. 2993-2017 -Amending Kenai
Municipal Code Chapter 14.25-Landscaping/Site Plan Regulations , to Require
Landscaping and Site Plans for All Retention Basins, Commercial, Industrial and
Multifamily Development and Land Clearing in Certain Zones in the City and Ma king
other Material and Housekeeping Changes.
Kenai City Council Meeting
January 3, 20 18
Page 1 of 4
•
3. ENACTED UNANIMOUSLY. Ordinance No. 2994-2017 -Increasing Estimated
Revenues and Appropriations in the Senior Citizen Fund for the Donation of a 2018
Subaru Outback Vehicle for the Meals-on-Wheels Program from Subaru of America ,
Inc. and Mea ls on Wheels Association of America .
4 . ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2018-01 -Adopting the
City of Ke nai Capital Improvements Plan Priority Lists for State Funding Requests for
the Fiscal Year 2019.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Work Session of November 29, 2017
2. APPROVED BY THE CONSENT AGENDA. *Regu lar Meeting of December 6, 2017
F. UNFINISHED BUSINESS -None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Purchase Orders
Exceeding $15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval -Non-Objection to
Liquor License Renewals for:
• Country Liquor
• Uptown Mote l/Back Door Lounge
• Uptown Motel/Louie's
• The Upper Deck
• Fraternal Order of Eagles #3525
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0111712018.
*Ordinance No. 2995-2018 -Accepting and Appropriating a Federal Grant from the
Institute of Museum and Li brary Services (IMLS) Passed Through the Alaska State
Library for Employee Travel and Training .
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0111712018.
*Ordinance No. 2996-2018 -Authorizing a Budget Transfers in the Public Safety
Improvements Capital Project Fund and the Animal Control Facility Improve ments
Capital Project Fund for the Transfer of Remaining Balances from Completed Capital
Projects to the City Dock Repair Capital Project Fund and Appropriating such
Transfers and Insurance Proceeds Re ce ived from the City's In surer to Complete
Repairs to Damage Sustained from the Magnitude 7.1, January 2016 Southcentral
Alaska Earthquake and for the Installation of a New Cathodic Protection System and
Other Repairs.
6. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0111712018.
*Ordinance No. 2997-2018 -Amending Kenai Municipal Code 14 .20.330-Standards
Kenai City Counci l Meeting
January 3, 2018
Page 2 of 4
•
for Commercial Marijuana Establishments, for Purposes of Consistency with the City's
Land Use Table.
7. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 0111712018.
*Ordinance No. 2998-2018-Repealing , Renaming and Re-Enacting Kenai Municipal
Code Chapter 21 .10-Leasing Of Airport Reserve Lands to Encourage Growth,
Development and a Thriving Aviation Community Through Responsible Land Policies
and Practices.
8. APPROVED UNANIMOUSLY. Action/Approval -Specia l Use Perm it for the
Challenger Learning Center of Alaska to Continue Use of a Donation Kiosk in the
Kenai Airport Terminal.
9. APPROVED UNANIMOUSLY. Action/Approval -Special Use Permit for Schillings
Rentals for Snow Storage.
10. REMOVED FROM THE AGENDA. Action/Approval -Set a Board of Adjustment
Hearing Date.
11. APPOINTMENT CONFIRMED UNANIMOUSLY Action/Approval -Mayoral
Appointment of Council Member Bob Molloy to the Supervisory Sub-Committee.
12. Discussion -Code Language Change for Disposal of Obsolete or Surplus Goods.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7 . Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J . ADMINISTRATION REPORTS
1. City Manager
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-None .
M. PENDING ITEMS -None.
Kenai City Council Meeting
January 3, 2018
Page 3 of4
•
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.citv.
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.
Kenai City Council Meeting
January 3 , 2 018
Page 4 of 4
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE JANUARY 17, 2018
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s)
and/or Resolution(s) at the above-referenced meeting .
1. ENACTED UNANIMOUSLY. Ordinance No. 2995-2018 -Accepting and
Appropriating a Federal Grant from the Institute of Museum and Library Services
(IMLS) Passed Through the Alaska State Library for Employee Travel and
Training.
2 . ENACTED UNANIMOUSLY. Ordinance No. 2996-2018 -Authorizing a Budget
Transfers in the Public Safety Improvements Capital Project Fund and the Animal
Control Facility Improvements Capital Project Fund for the Transfer of Remaining
Balances from Completed Capital Projects to the City Dock Repair Capital
Project Fund and Appropriating such Transfers and Insurance Proceeds
Received from the City's Insurer to Complete Repairs to Damage Sustained from
the Magnitude 7.1, January 2016 Southcentral Alaska Earthquake and for the
Installation of a New Cathodic Protection System and Other Repairs.
3. ENACTED UNANIMOUSLY. Ordinance No. 2997-2018 -Amending Kenai
Municipal Code 14.20.330-Standards for Commercial Marijuana Establishments,
for Purposes of Consistency with the City's Land Use Table.
4. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2998-2018 -
Repealing, Renaming and Re-Enacting Kenai Municipal Code Chapter 21 .10-
Leasing Of Airport Reserve Lands to Encourage Growth, Development and a
Thriving Aviation Community Through Responsible Land Policies and Practices.
5. ADOPTED UNANIMOUSLY. Resolution No. 2018-02 -Authorizing Redirection
of Previously Appropriated Funds from a Completed Road Maintenance Capital
Project to a Newly Identified Project.
6. ADOPTED UNANIMOUSLY. Resolution No. 2018-03 -Adopting a Policy to
Provide for a Student Representative for the Parks and Recreation Commission .
Copies of the ordinances and/or resolutions are available in the Office of the Kena i City Clerk.
Please be advised, subject to legal limitations, ordinances and/or resolutions may have been
amended by the Council prior to adoption without further public notice.
NOTICE OF PUBLIC HEARING
JANUARY 17, 2018
CITY OF KENAI COUNCIL MEETING
NOTICE I S HEREBY GIVEN the City of Kenai will conduct a public hearing on the following
Ordinance(s) and/or Resolution(s) on the above-noted meeting date:
1. Ordinance No. 2995-2018 -Accepting and Appropriating a Federal Grant from
the Institute of Museum and Library Services (IMLS) Passed Through the Alaska State
Library for Employee Travel and Training.
2. Ordinance No. 2996-2018 -Authorizing a Budget Transfers in the Public Safety
Improvements Capital Project Fund and the Animal Control Facility Improvements
Capital Project Fund for the Transfer of Remaining Balances from Completed Capital
Projects to the City Dock Repair Capital Project Fund and Appropriating such Transfers
and Insurance Proceeds Received from the City's Insurer to Complete Repairs to
Damage Sustained from the Magnitude 7.1, January 2016 Southcentral Alaska
Earthquake and for the Installation of a New Cathodic Protection System and Other
Repairs.
3. Ordinance No. 2997-2018-Amending Kenai Municipal Code 14.20.330-
Standards for Commercial Marijuana Establishments, for Purposes of Consistency with
the City's Land Use Table .
4. Ordinance No. 2998-2018-Repealing, Renaming and Re-Enacting Kenai
Municipal Code Chapter 21 .10-Leasing Of Airport Reserve Lands to Encourage Growth,
Development and a Thriving Aviation Community Through Responsible Land Policies
and Practices.
5. Resolu t ion No. 2018-02 -Authorizing Redirection of Previously Appropriated
Funds from a Completed Road Maintenance Capital Project to a Newly Identified
Project.
6. Resolution No. 2018-03 -Adopting a Policy to Provide for a Student
Representative for the Parks and Recreation Commission.
The publ ic hearing will commence at 6:00 p.m., or as soon thereafter as business permits, in the
Kenai City Council Chambers , 210 Fidalgo Avenue , Kenai, Alaska , 99611 . All interested
persons are invited to attend the meeting and participate in the public discussion. Written
comments may be sent to the Kenai City Council, c/o Kenai City Clerk , 210 Fidalgo Avenue,
Kenai, AK, 99611 .
Copies of the ord inances and/or resolutions are available in the Office of the Kenai City Clerk
and will be available at the meeting for public review. Please be advised, subject to lega l
limitations, ordinances and/or resolutions may be amended by the Council prior to adoption
without further public notice.