HomeMy WebLinkAbout2019-06-05 Council Packet KENAI CITY COUNCIL - REGULAR MEETING
JUNE 05, 2019 - 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.LTJG Scott Peters – U.S. Coast Guard involvement in the Kenai River Dip Net Fishery.
C.UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D.PUBLIC HEARINGS
D.1.Ordinance No. 3066-2019 – Accepting and Appropriating a Grant from the Federal Aviation
Administration for the 2019 Airfield Marking, Crack Sealing, and Minor Pavement Repair
Project and Awarding a Construction Contract to Complete the Work. (Administration)
• Substitute Ordinance No. 3066-2019 – Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue and Airport Improvements Capital Project
Funds, Accepting and Appropriating a Grant from the Federal Aviation Administration, and
Awarding a Construction Contract for Completion of the 2019 Airfield Marking, Crack Sealing,
and Minor Pavement Repair Project. (Administration)
Ordinance No. 3066-2019.pdf
Substitute Ordinance No. 3066-2019.pdf
D.2.Ordinance No. 3067-2019 – Accepting and Appropriating $26,605.40 in Asset Forfeiture
Sharing Funds and Appropriating Those Funds Into the Police Small Tools Account for the
Purpose of Purchasing Law Enforcement Equipment. (Administration)
Ordinance No. 3067-2019.pdf
D.3.Ordinance No. 3068-2019 – Amending Kenai Municipal Code 14.20.320- Definitions and
14.20.330- Standards for Commercial Marijuana Establishments to Prohibit Onsite
Consumption of Marijuana at Retail Marijuana Stores Requiring an Onsite Consumption
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Endorsement. (Council Members Pettey and Glendening)
Ordinance No. 3068-2019.pdf
D.4.Resolution No. 2019-34 – Amending its Comprehensive Schedule of Rates, Charges, and
Fees to Incorporate Changes included in the FY2020 Budget to include Adjusting the Kenai
Municipal Airport Apron Rental Rates, Airport Reserve Land Annual Lease Rates, Animal
Control Fees, Adjusting the Monthly Rental Rates at Vintage Pointe, Increasing Water/Sewer
Rates, and Ambulance Fees, and Implementing a New Library Fee, and Increasing Senior
Center Rental Fees. (Administration)
Resolution No. 2019-34.pdf
D.5.Resolution No. 2019-35 – Authorizing Budget Adjustments in the Airport Fund for Costs in
Excess of Budgeted Amounts. (Administration)
Resolution No. 2019-35.pdf
D.6.Resolution No. 2019-36 – Accepting a Donation from Kenai Senior Connections, Inc. for
$50,000 to the FY2019 Budget. (Administration)
Resolution No. 2019-36.pdf
E.MINUTES - None.
F.UNFINISHED BUSINESS - None.
G.NEW BUSINESS
G.1.*Action/Approval – Bills to be Ratified. (Administration)
Payments over $15,000.pdf
G.2.*Action/Approval – Purchase Orders Exceeding $15,000. (Administration)
PO's over $15,000.pdf
FY20 PO's over $15,000.pdf
G.3.*Ordinance No. 3069-2019 – Appropriating FY2019 Budgeted Funds for Municipal Roadway
Improvements in the Municipal Roadway Improvements Capital Project Fund for Future
Roadway Projects. (Administration)
Ordinance No. 3069-2019.pdf
G.4.*Ordinance No. 3070-2019 – Authorizing a Budget Transfer in the General Fund, Decreasing
Estimated Revenues and Appropriations in the Senior Citizen Special Revenue Fund and
Appropriating FY2019 Budgeted Amounts in the Senior Center Improvement Capital Project
Fund for Carpet Replacement. (Administration)
Ordinance No. 3070-2019.pdf
G.5.Action/Approval – Second Amendment to Agreement for Janitorial Services for the City of
Kenai City Hall, Airport, Community Library, and Police Department. (Administration)
Agreements for Janitorial Services.pdf
G.6.Action/Approval – City Sponsorship of $1,000 to Alaska Municipal League for the 2019
Summer Legislative Conference Being Held in Soldotna. (Vice Mayor Tim Navarre)
Sponsor Request 2019.pdf
G.7.Action/Approval – City Donation of a Memorial Plaque Honoring Ron Malston to be Placed at
Leif Hanson Memorial Park. (Vice Mayor Tim Navarre)
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Ron Malston - Memo.pdf
H.COMMISSION/COMMITTEE REPORTS
H.1.Council on Aging
H.2.Airport Commission
H.3.Harbor Commission
05-13-19 Harbor Summary - DRAFT.pdf
H.4.Parks and Recreation Commission
05-02-19 Parks & Rec Summary - DRAFT.pdf
H.5.Planning and Zoning Commission
05-08-19 P&Z Minutes - DRAFT.pdf
05-22-19 P&Z Minutes - DRAFT.pdf
H.6.Beautification Committee
05-14-19 Beauty Summary - DRAFT.pdf
H.7.Mini-Grant Steering Committee
I.REPORT OF THE MAYOR
J.ADMINISTRATION REPORTS
J.1.City Manager
J.2.City Attorney
J.3.City Clerk
K.ADDITIONAL PUBLIC COMMENT
K.1.Citizens Comments (Public comment limited to five (5) minutes per speaker)
K.2.Council Comments
L.EXECUTIVE SESSION
L.1.Discussion of Kenai Visitor Center Management and Potential Staffing Changes, a Matter of
Which the Immediate Knowledge may have an Adverse Effect upon the Finances of the City
[AS44.62.310(c)(1)] and a Subject that Tends to Prejudice the Reputation and Character of a
Person or Persons Currently Employed by the City [AS44.62.310 (c)(2)]
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M.PENDING ITEMS - None.
INFORMATION ITEMS
Purchase Orders between $2,500 and $15,000 for Council Review
PO's between $2,500 - $15,000.pdf
Celebration of Birds Article and Events Information
Celebration of Birds Information.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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Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 3066-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE
2019 AIRFIELD MARKING, CRACK SEALING, AND MINOR PAVEMENT REPAIR PROJECT
AND AWARDING A CONSTRUCTION CONTRACT TO COMPLETE THE WORK.
WHEREAS, the runway and taxiway centerlines, hold lines, surface painted position signs, and
apron markings require remarking due to fading, rubber marks, and the lack of reflective beads;
and,
WHEREAS, Federal Aviation Grant Assurance No. 11 requires the City to assure or certify that it
has implemented an effective airport pavement maintenance-management program and it
assures that it will use such program for the useful life of any pavement constructed, reconstructed
or repaired with Federal financial assistance at the Kenai Municipal Airport; and,
WHEREAS, the Federal Aviation Administration agreed that the marking and crack sealing on the
runway, taxiways and apron and the minor pavement repair in the safety area of the runway is
grant eligible; and,
WHEREAS, Ordinance No. 3046-2018 SUBSTITUTE enacted December 19, 2019 appropriated
$26,000 for the design of this project which was awarded to Wince-Corthell-Bryson; and,
WHEREAS, the Administration has received confirmation these services are eligible for 93.75%
Federal Aviation Administration (FAA) reimbursement, $XXX, XXX with the remaining and 6.25%
of project costs, $XX, XXX to be provided by the City of Kenai; and,
WHEREAS, XXX bids were received and XXXXXXXX, Inc. was the lowest responsive bid; and,
WHEREAS, award of the bid to XXXXXXX, Inc. would be in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to XXXXXXX,
Inc. for the total cost of $X,XXX, XXX.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
Section 1. That the City Manager is authorized to accept grant funding for $X,XXX,XXX from the
Federal Aviation Administration and to execute a grant agreement and to expend grant funds to
fulfill the purpose and intent of this ordinance.
Section 2. That estimated revenues and appropriations be increased as follows:
Airport Improvement Capital Project Fund
Increase Estimated Revenues -
Federal Grant $X, XXX, XXX
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Ordinance No. 3066-2019
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Increase Appropriations
Construction $X, XXX, XXX
Administration XX, XXX
$XXX, XXX
Section 3. That the City Manager is authorized to execute a construction contract to XXXXX,
Inc., for $X, XXX, XXX.
Section 4. That the City Manager is authorized to issue a purchase order to XXXXXX, Inc., in
the amount of $X, XXX, XXX.
Section 5. That the City Manager is authorized to execute an Amendment to the Professional
Services Agreement with Wince-Corthell-Bryson in the amount of $ 63,020 for construction
administration services.
Section 6. 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 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5TH day of June, 2019.
____________________________________
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________
Introduced: May 15, 2019
Enacted: June 5, 2019
Effective June 5, 2019
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant, Airport Manager
DATE: May 6, 2019
SUBJECT: Ordinance 3066-2019 – Airfield Marking, Crack sealing, & Minor
Pavement Repair
The Airport received notification from the FAA to move forward with the Invitation to Bid for the
above FY19 project.
This project consists of airfield painting, the crack sealing of the runway, taxiways and apron,
apron seal coating, and minor pavement repair along the shoulders of the runway.
The project will be advertised the week of May 6, 2019 for 21 days.
Bid review and recommendation will be presented to Council at the June 5, 2019 meeting. This
ordinance provides for acceptance of a grant from the Federal Aviation Administration and
execution of a construction contract to the successful bidder with a corresponding purchase order
and authorization to amend the professional services contract to Wince-Corthell-Bryson for
construction management.
Thank you for your consideration.
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Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 3066-2019 SUBSTITUTE
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE
AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS, ACCEPTING AND
APPROPRIATING A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION, AND
AWARDING A CONSTRUCTION CONTRACT FOR COMPLETION OF THE 2019 AIRFIELD
MARKING, CRACK SEALING, AND MINOR PAVEMENT REPAIR PROJECT.
WHEREAS, the runway and taxiway centerlines, hold lines, surface painted position signs, and
apron markings require remarking due to fading, rubber marks, and the lack of reflective beads;
and,
WHEREAS, Federal Aviation Grant Assurance No. 11 requires the City to assure or certify that it
has implemented an effective airport pavement maintenance-management program and assure
that it will maintain the program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the Kenai Municipal Airport; and,
WHEREAS, the Federal Aviation Administration agreed that the marking and crack sealing on the
runway, taxiways and apron and the minor pavement repair in the safety area of the runway is
grant eligible; and,
WHEREAS, Ordinance No. 3046-2018 SUBSTITUTE enacted December 19, 2019 appropriated
$26,000 for the design of this project which was awarded to Wince-Corthell-Bryson; and,
WHEREAS, the Administration has received confirmation these services, including both design
and construction are eligible for a 93.75% Federal Aviation Administration (FAA) reimbursement
of $782,943 with the remaining 6.25% of project costs of $52,197 to be provided by the City of
Kenai; and,
WHEREAS, two bids were received and Northwest Contracting, LLC. was the lowest responsive
bid; and,
WHEREAS, award of the bid to Northwest Contracting, LLC. would be in the best interest of the
City; and,
WHEREAS, the recommendation from City Administration is to award the contract to Northwest
Contracting, LLC, for the total cost of $713,998.50.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
Section 1. That the City Manager is authorized to accept grant funding for $782,943 from the
Federal Aviation Administration and to execute a grant agreement and to expend grant funds to
fulfill the purpose and intent of this ordinance.
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Ordinance No. 3066-2019 SUBSTITUTE
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Section 2. That estimated revenues and appropriations be increased as follows:
Airport Special Revenue Fund:
Increase Estimated Revenues -
Appropriation of Fund Balance $26,197
Increase Appropriations
Transfer to Airport Improvements Capital Project Fund $26,197
Airport Improvement Capital Project Fund
Increase Estimated Revenues -
Federal Grant $782,943
Transfer from Airport Special Revenue Fund 26,197
$809,140
Increase Appropriations
Construction $809,140
Section 3. That the City Manager is authorized to execute a construction contract to
Northwest Contracting, LLC, in the amount of $713,998.50.
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.
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 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2019.
____________________________________
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: May 15, 2019
Enacted: June 5, 2019
Effective June 5, 2019
Approved by Finance: _________
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant, Airport Manager
DATE: May 29, 2019
SUBJECT: Ordinance 3066-2019 Substitute – Airfield Marking, Crack sealing, &
Minor Pavement Repair
This memo supports Ordinance 3066-2019 – Substitute. A bid review for the Airfield Marking,
Crack Sealing, and Minor Pavement Repair Project was held on Tuesday, May 28, 2019.
Two bids were received and reviewed for accuracy and completeness by City Administration and
Wince-Corthell-Bryson.
Basic Bid
Northwest Contracting, LLC $ 713,998.50
Lakloey, Inc. $1,601,849.50
Engineer’s Estimate $1,183,325.75
It is our recommendation that Northwest Contracting, LLC, be awarded the bid for
$ 713,998.50.
The overall project costs entail:
City Administration $ 32,121.00
Design $ 26,000.00
Construction Admin $ 63,020.00
Construction $ 713,998.50
Total Project cost $ 835,140.50
Thank you for your consideration.
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3067-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING
$26,605.40 IN ASSET FORFEITURE SHARING FUNDS AND APPROPRIATING THOSE
FUNDS INTO THE POLICE SMALL TOOLS ACCOUNT FOR THE PURPOSE OF PURCHASING
LAW ENFORCEMENT EQUIPMENT.
WHEREAS, in April of 2019 Kenai Police Department received an asset forfeiture sharing check
in the amount of $26,605.40 from the Alaska State Troopers, Alaska Bureau of Investigations –
Statewide Drug Enforcement Unit; and,
WHEREAS, the Police Department, pursuant to conditions of acceptance, will utilize the forfeiture
funds to purchase law enforcement equipment for use by the Police Department.
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 these Equitable Sharing Funds in
the amount of $26,605.40 and to expend those funds to fulfill the purpose and intent of this
ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Forfeitures $26,605.40
Increase Appropriations –
Police – Small Tools $26,605.40
.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
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Ordinance No. 3067-2018
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ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________
Introduced: May 15, 2019
Enacted: June 5, 2019
Effective: June 5, 2019
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: May 2, 2019
SUBJECT: Ordinance No. 3067-2019 - Ordinance Accepting and Appropriating
Asset Forfeiture Sharing Funds from the State of Alaska Department of
Public Safety
______________________________________________________________________
The Kenai Police Department received $26,605.40 in asset forfeiture sharing funds from the State
of Alaska Department of Public Safety. Those funds were shared with the Kenai Police
Department after being forfeited to the State of Alaska through Federal court and are subject to
federal “Equitable Sharing” requirements to be use for Law Enforcement. The funds were
forfeited in connection with drug investigation cases, for which the regional drug task force
(including the Kenai Police Department) was involved.
I am respectfully requesting consideration of the ordinance appropriating $26,605.40 into the
General Fund, Police- Small Tools account to pay for law enforcement equipment.
Your consideration is appreciated.
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Sponsored by: Council Members Pettey and Glendening
CITY OF KENAI
ORDINANCE NO. 3068-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.320- DEFINITIONS AND 14.20.330- STANDARD FOR COMMERCIAL
MARIJUANA ESTABLISHMENTS TO PROHIBIT ONSITE CONSUMPTION OF MARIJUANA AT
RETAIL MARIJUANA STORES REQUIRING AN ONSITE CONSUMPTION ENDORSEMENT.
WHEREAS, on November 4, 2014, the Alaskan voters passed Ballot Measure 2, an Act to Tax
and Regulate the Production, Sale and Use of Marijuana; and,
WHEREAS, on January 20, 2016 the City of Kenai enacted regulations governing commercial
marijuana establishments in the City; and,
WHEREAS, on March 12, 2019 Lieutenant Governor Kevin Meyer signed into law new regulations
from the Marijuana Control Board allowing retail marijuana stores to allow onsite consumption of
marijuana under certain conditions through a state issued onsite consumption endorsement to a
retail marijuana store; and,
WHEREAS, 3 AAC 306.200 provides that a City Council by ordinance may prohibit onsite
consumption endorsements to a retail marijuana store within its jurisdiction; and,
WHEREAS, after consideration by the Planning and Zoning Commission, the City Council failed
to enact Ordinance 3061-2019, which would have allowed onsite consumption through the City’s
conditional use permit process; and,
WHEREAS, it is in the best interest for public safety and welfare for the City to prohibit onsite
consumption of marijuana requiring an onsite consumption endorsement at retail marijuana
stores; and,
WHEREAS, at it’s regular meeting of May 22, 2019 the Planning and Zoning Commission
recommended the City Council ____________ this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 14.20.320 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.20.320 - Definitions, is hereby amended as follows:
14.20.320 Definitions.
(a) General Interpretation.
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Ordinance No. 3068-2019
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(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed
to include the words “intended,” “arranged” or “designed to be used or occupied.”
(b) Specific Definitions.
“Accessory Building” means a detached building or structure, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to the main
use of the land and which is located on the same lot as the main building or use, except as
allowed by a conditional use permit. An accessory building shall be considered to be a part
of the main building when joined to the main building by a common wall or when any
accessory building and the main building are connected by a breezeway.
“Accessory Use” means a use customarily incidental and subordinate to the principal use
of the land, building, or structure and located on the same lot or parcel of land.
“Administrative Official” means the person charged with the administration and
enforcement of this chapter.
“Agricultural Building” means a building or structure used to shelter farm implements, hay,
grain, poultry, livestock, or other farm produce, in which there is no human habitation and
which is not used by the public.
“Agriculture” means the science, art, and business of cultivating soil, producing crops, and
raising livestock; farming.
“Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps
take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at
least one (1) surface such as a paved or gravel runway, a helicopter touchdown and lift off
(TLOF) area, helipad, or water runway for aircraft takeoffs and landings, and often includes
buildings such as control towers, hangars and terminal buildings.
“Airport Compatible Uses” means uses which include, but are not limited to: Hangars,
Fixed Base Operators, Aircraft Repair and Manufacturing, Aircraft Sales, and other uses
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Ordinance No. 3068-2019
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approved by the Ordinance of the City of Kenai, and the Federal Aviation Administration’s
regulations, and compatible with the current Airport Master Plan, the Airport Layout Plan and
the Comprehensive Plan.
“Alley” means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
“Alteration” means any change, addition, or modification in construction, location, or use
classification.
“Animal Boarding” means any building or structure and associated premises in which
animals are fed, housed, and/or exercised for commercial gain.
“Apartment House,” see “Dwelling, multiple-family.”
“Area, Building” means the total of areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive of steps.
“Assemblage” means a large gathering of people for an event such as a concert, fair, or
circus.
“Assisted Living” means a living arrangement in which people with special needs,
especially seniors with disabilities, reside in a facility that provides help with everyday tasks
such as bathing, dressing, and taking medication.
“Automobile Sales” means the use of any building or structure and associated premises for
the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation
vehicles and including any warranty repair work and other repair service conducted as an
accessory use.
“Automobile Service Station” means the use of any building or structure and associated
premises or other space used primarily for the retail sale and dispensing of motor fuels, tires,
batteries, and other small accessories; the installation and servicing of such lubricants, tires,
batteries, and other small accessories; and such other services which do not customarily or
usually require the services of a qualified automotive mechanic.
“Automobile Wrecking” means the dismantling of used motor vehicles or trailers or the
storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked
vehicles.
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Ordinance No. 3068-2019
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“Automotive Repair” means the use of any building or structure and associated premises
on which a business, service, or industry involving the maintenance, servicing, repair, or
painting of vehicles is conducted or rendered.
“Bank” means any establishment or building or structure used for a financial institution that
provides financial services for its clients or members. The term “bank” includes savings and
loan.
“Bed and Breakfast” means a residential, owner-occupied dwelling in which rooms are
rented to paying guests on an overnight basis with no more than one (1) meal served daily.
“Boarding House” means a dwelling where the principal use is a dwelling by the owner or
keeper and where the owner or keeper provides lodging for three (3) or more persons who
are not members of the owner’s or keeper’s family and the lodgers pay compensation to use
one (1) or more rooms. The common parts of the building or structure are maintained by the
owner or keeper who may also provide lodgers with some services, such as meals, laundry,
and cleaning. Boarding houses are not motels or hotels and are not open to transient guests.
“Building” means any structure built for the support, shelter, or enclosure of persons,
animals, or property of any kind.
“Building Code” means the building code and/or other building regulations applicable in the
City.
“Building, Existing” means a building erected prior to the adoption of the ordinance codified
in this chapter or one for which a legal building permit has been issued.
“Building Height” means the vertical distance from the “grade,” as defined herein, to the
highest point of the roof.
“Building, Principal or Main” means a building or structure in which is conducted the
principal or main use on the lot which said building is situated.
“Business/Consumer Services” means the provision of services to others on a fee or
contract basis, such as advertising and mailing; building maintenance; employment service;
management and consulting services; protective services; equipment rental and leasing;
commercial research; development and testing; photo finishing; and personal supply
services.
“Cabin Rentals” means the renting out of one (1) or more individual, detached dwelling units
or buildings to provide overnight sleeping accommodations for a period of less than thirty (30)
consecutive days.
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Ordinance No. 3068-2019
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“Cemetery” means any property used to inter the dead in buried graves or in columbarium,
stacked vaults, or similar structures.
“Centerline” means the line which is in the center of a public right-of-way.
“Church” means a building or structure in which persons regularly assemble for worship,
ceremonies, rituals, and education pertaining to a particular system of beliefs. The term
“church” includes a synagogue or temple.
“City” means the City of Kenai, Alaska.
“Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is
primarily devoted to the care of outpatients. Clinics can be privately operated or publicly
managed and funded, and typically cover the primary health care needs of populations in
local communities, in contrast to larger hospitals which offer specialized treatments and admit
inpatients for overnight stays.
“Collector Street” means a street located and designed for the primary purpose of carrying
through traffic and of connecting major areas of the City. Unless otherwise designated by the
Commission, collector street shall be defined on the plan for streets and community facilities
in the comprehensive development plan.
“College” means an educational institution providing postsecondary (after high school)
education.
“Commercial Kennel” has the same meaning given in KMC 3.05.010.
“Commercial Marijuana Establishment” means any Retail Marijuana Store excluding
onsite consumption endorsements, Marijuana Cultivation Facility, Marijuana Product
Manufacturing Facility, and Marijuana Testing Facility.
“Commercial Recreation” means a recreation facility operated as a business and open to
the public for a fee.
“Commission” means the Kenai Planning and Zoning Commission.
“Communication Antenna” has the same meaning given in KMC 14.20.255.
“Communication Tower” has the same meaning given in KMC 14.20.255.
“Conditional Use” means a use which is permitted under the terms of this chapter provided
that under the specified procedures, the Commission finds that certain conditions, specified
in this chapter are fulfilled. Conditional uses are listed in the Land Use Table.
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“Condominium” means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by the
owners of those portions;
(3) The undivided interests in the common elements are vested in the unit owners. In
the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or
more family dwellings. For example, a four (4) unit condominium building would be
treated as a four (4) family dwelling.
“Coverage” means that percentage of the total lot area covered by the building area.
“Crematory/Funeral Home” means building or structure used for preparation of the
deceased for display and/or interment and may also be used for ceremonies connected with
interment. Preparation may include cremation, which is the process of reducing dead bodies
to basic chemical compounds in the form of gases and bone fragments. This is accomplished
through burning—high temperatures, vaporization, and oxidation.
“Day Care Center” means an establishment where child care is regularly provided for
children for periods of less than twenty-four (24) hours, including the building housing the
facility and adjoining areas, and where tuition, fees, or other compensation for the care of the
children is charged.
“Dormitory” means a building, whether public or private, associated with a school, college
or university and designed, used, and arranged for private sleeping, studying, and living
accommodation for students.
“Dwelling” means a building or any portion thereof designed or used exclusively for
residential occupancy including one-family, two-family and multiple-family dwellings, but not
including any other building wherein human beings may be housed.
“Dwelling, One-Family” means any detached building containing only one (1) dwelling unit.
“Dwelling, Two-Family” means any building containing only two (2) dwelling units.
“Dwelling, Multiple-Family” means any building containing three (3) or more dwelling units.
“Dwelling Unit” means one (1) or more rooms and a single kitchen in a dwelling designed
as a unit for occupancy by not more than one (1) family for living or sleeping purposes.
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“Elementary School” means any school usually consisting of grades pre-kindergarten
through grade 6 or any combination of grades within this range.
“Essential Service” means the erection, construction, alteration, or maintenance by public
utility companies or municipal departments or commissions, of underground or overhead gas,
electrical, steam, or water transmission or distribution systems, collection, communication,
supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and
accessories in connection therewith. This definition shall not be interpreted to include public
buildings.
“Family” means any number of individuals living together as a single housekeeping unit in a
dwelling unit.
“Farming” means a tract of land cultivated for the purpose of commercial agricultural
production.
“Fence, Height” means the vertical distance between the ground directly under the fence
and the highest point of the fence.
“Floor Area” means the total of each floor of a building within the surrounding outer walls
but excluding vent shafts and courts.
“Fraternal Organization” means a group of people formally organized for a common object,
purpose, or interest (usually cultural, religious or entertainment) that conducts regular
meetings and has written membership requirements.
“Frontage” means all the property fronting on one (1) side of a street between intersection
streets.
“Garage, Private” means an accessory building or any portion of a main building used in
connection with residential purposes for the storage of passenger motor vehicles.
“Garage, Public” means any garage other than a private garage, available to the public,
operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing,
adjusting, or equipping of automobiles or other vehicles.
“Gas Manufacturer/Storage” means the surface use of lands used in the production, the
mechanical transformation, or the chemical transformation of hydrocarbon gas and includes
uses for gas conditioning/compressor stations. “Storage” means surface uses necessary for
storage of produced or non-native natural gas.
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“Governmental Building” means a building or structure owned and operated by any
department, commission, or agency of the United States or of a state or municipality and
used to conduct official business of government.
“Grade (Ground Level)” means the average level of the finished ground at the center of all
walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk,
the ground level shall be measured at the sidewalk.
“Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure,
used for the cultivation and protection of plants.
“Guest Room” means any room in a hotel, dormitory, boarding, or lodging house used and
maintained to provide sleeping accommodations for one (1) or more persons.
“Guide Service” means any activity on any premises used for collecting or returning persons
from recreational trips when remuneration is provided for the service.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms.
“High School” means a secondary school usually consisting of grades 9 through 12 or any
appropriate combination of grades within this range.
“Home Occupation” means an accessory use carried out for remuneration by a resident in
the resident’s dwelling unit.
“Hospital” means an institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured.
“Hotel” means a building or group of buildings containing more than five (5) guest rooms
used for the purpose of offering public lodging on a day-to-day basis with or without meals.
“Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of
land used for the storage, keeping, or abandonment of junk or waste material, including scrap
metals or other scrap materials, or for the dismantling, demolition, or abandonment of
automobiles, other vehicles, machinery, or any parts thereof.
“Library” means a collection of sources, resources, and services, and the structure in which
it is housed; it is organized for use and maintained by a public body, an institution, or a private
individual.
“Licensed Premises For Commercial Marijuana Establishment” means any and all
designated portions of a building or structure, or rooms or enclosures in the building or
structure, at the specific address for which a Commercial Marijuana Establishment license is
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issued, and used, controlled, or operated by the Commercial Marijuana Establishment to
carry out the business for which it licensed.
“Loading Space” means an off-street space or berth on the same lot with a building or
structure to be used for the temporary parking of commercial vehicles while loading or
unloading merchandise or materials.
“Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used
for the purpose of offering public lodging on a day-to-day basis with or without meals.
“Lot” means a parcel of land occupied or to be occupied by a principal use and having
frontage on a public street.
“Lot, Corner” means a lot situated at the junction of, and bordering on, two (2) intersecting
streets, two (2) platted rights-of-way, two (2) government easements, or any combination
thereof.
“Lot Coverage” means that portion of the lot covered by buildings or structures that require
a building permit.
“Lot Depth” means the horizontal distance separating the front and rear lot lines of a lot and
at right angles to its width.
“Lot Line, Front-Corner Lot” means the shortest street line of a corner lot.
“Lot Line, Front-Interior Lot” means a line separating the lot from the street.
“Lot Line, Rear” means a line that is opposite and most distant from the front lot line, and in
the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10') in length,
within a lot, parallel to and at the maximum distance from the front lot line.
“Lot Line, Side” means any lot boundary line not a front lot line or a rear lot line.
“Lot Width” means the mean horizontal distance separating the side lot lines of a lot and at
right angles to its depth.
“Manufactured Housing” means a dwelling unit that meets Department of Housing and
Urban Development Standards for manufactured housing and is wider than sixteen feet (16'),
has a roof pitch of 4:12 or greater with roofing and siding common to standard residential
construction and is transported to the site and placed on a permanent foundation.
“Manufacturing/Fabricating/Assembly” means the mechanical or chemical transformation
of materials or substances into new products including assembling of components parts, the
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manufacturing of products, and the blending of materials such as lubricating oils, plastics,
resins or liquors.
“Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the
seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. The term does not include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable
of germination, or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other products.
“Marijuana Concentrate” means resin, oil, wax, or any other substance derived from the
marijuana plant by any method which isolates the Tetrahydrocannabinol (THC)-bearing
resins of the plant.
“Marijuana Cultivation Facility” means any entity with a state license registered to cultivate,
prepare, and package marijuana and to sell marijuana to Marijuana Retail Facilities,
Marijuana Products Manufacturing Facilities, Marijuana Testing Facilities, but not to
consumers.
“Marijuana Cultivation Facility, Standard” means an entity registered to cultivate in an
area greater than 500 square feet under cultivation, prepare, and package marijuana and to
sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to
other marijuana cultivation facilities, but not to consumers.
“Marijuana Cultivation Facility, Limited” means an entity registered to cultivate in an area
of 500 square feet or less of cultivation, prepare, and package marijuana and to sell marijuana
to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
“Marijuana Products” means concentrated marijuana and marijuana products that are
comprised of Marijuana and other ingredients and are intended for use or consumption, such
as, but not limited to edible products, ointments, and tinctures.
“Marijuana Product Manufacturing Facility” means a state licensed fully enclosed secure
indoor facility registered to purchase marijuana, manufacture, prepare and package
marijuana products, and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
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“Marijuana Testing Facility” means a state licensed commercial marijuana testing facility
that is registered to analyze and certify the safety and potency of Marijuana and Marijuana
Products.
“Mini-Storage Facility” means a completely enclosed structure containing three (3) or more
areas or rooms available for lease or rent for the purpose of the general storage of household
goods, vehicles or personal property; where the lessee of the unit is provided direct access
to deposit or store items and where vehicles do not fill the majority of the allowed storage
space.
“Mobile Home” means a structure, which is built on a permanent chassis in accordance with
Department of Housing and Urban Development Standards and designed to be used as a
dwelling unit, with or without a permanent foundation when connected to the required utilities.
A mobile home is subject to all regulations applying thereto, whether or not wheels, axles,
hitch or other appurtenances of mobility are removed and regardless of the nature of the
foundation provided.
“Mobile Home Park” means a site with required improvements and utilities for the long-term
parking of mobile homes which may include services and facilities for the residents.
“Modular Home” means a dwelling constructed in modules or sections at a place other than
the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the
site and then assembled and placed on a permanent foundation.
“Motel” means a group of one (1) or more detached or semi-detached buildings containing
two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily
by, automobile tourists or transients, with a garage attached or parking space conveniently
located to each unit, including groups designated as auto courts, motor lodges, or tourist
courts.
“Museum” means a building or structure that houses and cares for a collection of artifacts
and other objects of scientific, artistic, or historical importance and makes them available for
public viewing through exhibits that may be permanent or temporary.
“Necessary Aviation Facilities” means any air navigation facility, airport visual approach
aid, airfield lighting and signage, meteorological device or any type of device approved by the
Federal Aviation Administration (FAA), the location and height of which is fixed by its
functional purpose.
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“Nonconforming Lot” means a lot lawfully existing at the time this chapter became effective,
which by reason of area or dimensions, does not meet the development requirements for the
zone in which it is located.
“Nonconforming Structure” means a structure or portion thereof, lawfully existing at the
time this chapter became effective, which by reason of its yards, coverage, height, or other
aspects of design, does not meet the development requirements of this zone.
“Nonconforming Use” means a use of a structure of land, or of a structure and land in
combination, lawfully existing at the time this chapter became effective, or established on the
premises of a previous nonconforming use as specified in this chapter, which is not in
conformity with the uses permitted in the zone in which it exists.
“Nursing, Convalescent or Rest Home” means a building or structure used as a residence
for people who require constant nursing care and/or have significant deficiencies with
activities of daily living.
“Office” means a room or group of rooms used for conducting the affairs of a business,
profession, service, industry, or government.
“Onsite Consumption Endorsement” means the state regulated consumption of certain
marijuana products at or adjacent to a retail marijuana store by patrons of the commercial
marijuana establishment.
“Park” means a tract of land, designated by a public entity for the enjoyment of the public
and generally used for active and passive recreational activities.
“Parking, Public Lots” means a parking area available to the public, whether or not a fee
for use is charged.
“Parking Space, Private” means any automobile parking space, excluding garages, not less
than nine feet (9') wide and one hundred eighty (180) square feet in total area.
“Parking Space, Public” means an area of not less than one hundred eighty (180) square
feet exclusive of drives or aisles giving access thereto in area accessible from streets and
alleys for the storage of passenger motor vehicles operated by individual drivers.
“Person” means a natural person, his or her heirs, executors, administrators, or assigns,
and also including firm, partnership, or corporation, or their successors and/or assigns or the
agent of any of the aforesaid.
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“Personal Services” mean establishments engaged in providing services involving the care
of a person or his or her apparel.
“Planned Unit Residential Development” means an alternative method of development of
a residential neighborhood under more flexible conditions than otherwise required in a
specific zoning district.
“Principal Use” means the major or predominant use of a lot or parcel of land.
“Profession” means an occupation or calling requiring the practice of a learned art through
specialized knowledge based on a degree issued by an institution of high learning, e.g.,
Doctor of Medicine.
“Property Owner” means the owner shown on the latest tax assessment roll.
“Public” means a place to which the public or a substantial group or persons has access
and includes highway, rivers, lakes, transportation facilities, schools, places of amusement
or business, parks, playgrounds, prisons, hallways, lobbies and other parts of apartments
houses and hotels not constituting rooms or apartments designed for actual residence.
“Recreation” means leisure activities sometimes requiring equipment and taking place at
prescribed places, sites, parks, or fields. It can include active recreation, such as structured
individual or team activities requiring the use of special facilities, courses, fields or equipment
or passive recreation, such as activities that do not require prepared facilities such as wildlife
and bird viewing, observing and photographing nature, picnicking, and walking.
“Recreational Vehicle” means a vehicular-type unit, primarily designed as temporary living
quarters for recreational camping, or travel use, which either has its own motor power or is
mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited
to, travel trailers, camping trailers, truck campers, and motor homes.
“Recreational Vehicle Park” means an area established by a conditional use permit for the
parking of two (2) or more recreational vehicles on a temporary basis.
“Recreation or Youth Center” means a building, structure, athletic playing field, or
playground, run or created by a local government or the state to provide athletic, recreational,
or leisure activities for minors, or operated by a public or private organization, licensed to
provide shelter, training, or guidance for persons under 21 years of age.
“Restaurant” means an establishment where food and drink is prepared, served, and
consumed primarily within the principal building.
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“Retail Business” means establishments engaged in selling goods or merchandise to the
general public for business or personal/household consumption and rendering services
incidental to the sale of such goods.
“Retail Marijuana Store” means a state licensed entity registered to purchase marijuana
from a marijuana cultivation facility, to purchase marijuana and marijuana products from a
marijuana manufacturing facility, and sell marijuana and marijuana products to consumers.
“Secondary Use” means a use allowed on a lot or parcel of land only if there is also an
allowed principal use on the property.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, trade names, or trademarks by which anything is made known, such as
are used to designate an individual, firm, association, corporation, profession, business, or a
commodity or product, which are visible from any public street or highway and used to attract
attention.
“Square Feet Under Cultivation” means an area of the licensed premises of a standard or
limited cultivation facility that is used for growing marijuana, measured on the perimeter of
the floor or growing space for marijuana “Square Feet Under Cultivation” does not include
hallways, equipment storage areas, or other areas within the licensed premises that are not
used for growing marijuana such as an office, or a processing or storage area.
“State Highway” means a right-of-way classified by the State of Alaska as a primary or
secondary highway.
“Storage Yard” means a lot used primarily for the storage of operational vehicles,
construction equipment, construction materials or other tangible materials and equipment.
“Street” means a public right-of-way used as a thoroughfare and which is designed and
intended to provide the primary means of access to property abutting thereon.
“Structure” means that which is built or constructed, an edifice or a building of any kind,
composed of parts joined together in some definite manner.
“Subsurface Extraction of Natural Resources” means removing valuable minerals or
other geological materials from the earth, from an ore body, vein or (coal) seam. Materials
recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds,
limestone, oil shale, rock salt and potash.
“Surface Extraction of Natural Resources” means removal of material, usually soil, gravel,
or sand for use at another location.
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“Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for
display.
“Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of
motion pictures and/or of live dramatic, speaking, musical, or other presentations.
“Townhouse” means single-family dwelling units constructed in a series or group of two (2)
or more units separated from an adjoining unit by an approved party wall or walls, extending
from the basement of either floor to the roof along the linking lot line.
“Tree Nursery” means a place where trees/plants are propagated and grown to usable size.
“Use” means the purpose for which land or a building is arranged, designed, or intended, or
for which either land or a building is or may be occupied or maintained.
“Variance” means the relaxation of the development requirements of this chapter to provide
relief when the literal enforcement would deprive a property owner of the reasonable use of
his or her real property.
“Warehouse” means a building or structure used for the storage of goods, wares and
merchandise that will be processed, sold or otherwise disposed of off of the premises.
“Wholesale Business” means business conducted primarily for the purpose of selling wares
or merchandise in wholesale lots to retail merchants for resale.
“Yard” means an open, unoccupied space, other than a court, unobstructed from the ground
to the sky, except where specifically provided by this chapter, on the same lot on which a
building is situated.
“Yard, Front” means a yard extending across the full width of the lot between the front lot
line of the lot and the nearest exterior wall of the building which is the nearest to the front lot
line.
“Yard, Rear” means a yard extending across the full width of the lot between the most rear
main building and the rear lot line.
“Yard, Side” means a yard on each side of a main building and extending from the front lot
line to the rear lot line. The width of the required side yard shall be measured horizontally
from the nearest point of a side lot line to the nearest part of the main building.
“Zoning Change” means the alteration or moving of a zone boundary; the reclassification of
a lot, or parcel of land, from one zone to another; and the change of any of the regulations
contained in this chapter.
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“Zoning Ordinance or Ordinances” mean the zoning ordinance of the City of Kenai and
Kenai Municipal Code Chapter 14.
Section 2. 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:
14.20.330 Standards for [C]Commercial [M]Marijuana [E]Establishments.
The purpose of this section is to establish general standards for commercial marijuana establishments.
(a) Commercial marijuana establishments may be permitted or allowed with a conditional use
permit under KMC 14.20.150, as provided in the City of Kenai’s land use table, KMC 14.22.010,
and the provisions of this section. Onsite Consumption Endorsements may not be approved by
conditional use permit or otherwise and are not permitted within the City,
(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 five hundred (500) foot proximity of the lot
upon which the applicant is seeking a conditional use permit. This shall be in addition to the
conditional use permit submission requirements in KMC 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 KMC 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, and 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
nonrigid 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 (6) 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) One thousand (1,000) feet of any primary and secondary schools (K-12) and five
hundred (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
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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, or a substance abuse treatment
facility providing substance abuse treatment.
(g) As provided in the Land Use Table, 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.
(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.
(i) A marijuana cultivation facility located in an accessory building shall be subject to the setback
provisions in KMC 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 KMC 14.20.180.
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 enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
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Introduced: *, 2019
Enacted: *, 2019
Effective: *, 2019
31
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Council Members Glenese Pettey and Jim Glendening
DATE: March 12, 2019
SUBJECT: Ordinance No. 3068 – 2019
____________________________________________________________________________
This Ordinance would prohibit onsite consumption of marijuana and marijuana products at retail
stores requiring an onsite consumption endorsement. We feel this ordinance is necessary to
protect public safety and welfare. Because this Ordinance requires a change to the City’s zoning
code, requires a recommendation from the Planning and Zoning Commission. We request it be
pulled from the consent agenda and be referred to the Planning and Zoning Commission for
consideration at their May 22, 2019 meeting, and be brought back to Council for a public hearing
at the first meeting in June.
Your consideration is appreciated.
32
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott Bloom, City Attorney
DATE: May 30, 2019
SUBJECT: Ordinance No. 3068 – 2019
____________________________________________________________________________
On May 22, 2019 the Planning and Zoning Commission held a public hearing and recommended
that the City Council enact Ordinance 3068-2019. A copy of the Planning and Zoning
Commission’s Resolution is attached.
It is recommended that the following amendment be moved:
Amend the last Whereas Clause to read:
WHEREAS, at its regular meeting of May 22, 2019 the Planning and Zoning Commission
recommended the City Council Enact this Ordinance.
Your consideration is appreciated.
33
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019 -16
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ENACT ORDINANCE 3068-2019
AMENDING KENAI MUNICIPAL CODE 14.20.320 -DEF INITIONS AND 14.20 .330 -
STANDARDS FOR COMMERCIAL MARIJUANA ESTABLISHMENTS , TO PROHIBIT ONSITE
CONSUMPTION OF MARIJUANA AT RETAIL MARIJUANA STORES REQUIRING AN ONSITE
CONSUMPTION ENDORSEMENT.
WHEREAS , Kenai Municipal Code 14.05.010 states the City of Ke nai Planning and Zoning
Commission will act in an advisory capacity to the Kenai City Council regarding the Ke nai Zoning
Code; and,
WHEREAS, at their meeting on May 1, 2019, after reviewing recommendat ions and input from
the Kenai Planning and Zoning Commission as part of their decisio n process , t he Kenai City
Council failed to enact Ordinance 3061-2019, which would have allowed onsite consumpt ion
through the City's conditional use process ; and ,
WHEREAS, 3 AAC 306.200 provides that a City Council by ordi nance may prohibi t ons ite
consumption endorsements to a retail marijuana store within its jurisdiction and the Kenai City
Council referred Ordinance 3068-2019 prohibiting marijuana consumption at retail marijuana
stores to the Kenai Planning and Zoning Commission for a recommendat io n at t heir meetin g on
May 15, 2019; and,
WHEREAS , public health, safety, and welfare would be protected by prohib itin g onsite marij uana
consumption at retail marijuana stores ; and,
WHEREAS, quality of life , a stated goal in the 2016 Imagine Kenai 2030 Comprehens iv e Plan , is
supported by prohibiting onsite marijuana consumption at retai l marijuana stores; and ,
WHEREAS , the City may reexamine onsite consumption at ma rijuana retail stores if additional
evidence and information would support this use at a future date.
NOW, THEREFORE , BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council enact Ordinance 3068-2019 .
Section 2. That a copy of Resolution PZ2019-16 be forwa rded to t he Kena i City Council.
34
Resolution No. PZ2019-16
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 22nd day of May, 2019.
IT, CHAIRPERSON
ATTEST:
35
May 30, 2019
Daniel & Teresa Sterchi
36525 Kalifornsky Beach Road
Kenai , Alaska 99611
Phone 907-283-3878
sterchiconstruction@hotmail.com
Mayor Brian Gabriel & Kenai City Council
210 Fidalgo Ave
Kenai, Alaska 99611
Phone 907-283-7535
www.kenai .city
SUBJECT: Ordinance No. 3068-2019
This letter is in support of Ordinance No. 3068-2019.
We have property on Evergreen; which is family friendly.
Please keep our residential neighborhood quiet & peaceful; for the families living there now.
Thank you for this ordinance.
Sincerely:
~/~.
Teresa Sterchi {\~~ ~ 1.\i_ · ~~~~~
36
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-34
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE
CHANGES INCLUDED IN THE FY2020 BUDGET TO INCLUDE ADJUSTING THE KENAI
MUNICIPAL AIRPORT APRON RENTAL RATES, AIRPORT RESERVE LAND ANNUAL LEASE
RATES, ANIMAL CONTROL FEES, ADJUSTING THE MONTHLY RENTAL RATES AT
VINTAGE POINTE, INCREASING WATER/SEWER RATES, AND AMBULANCE FEES, AND
IMPLEMENTING A NEW LIBRARY FEE, AND INCREASING SENIOR CENTER RENTAL FEES.
WHEREAS, the Administration has determined the rental rates for non-signatory apron space on
the Kenai Airport are significantly undervalued taking into account land values, construction cost
of improvements, and maintenance costs; and,
WHEREAS, undervalued rental rates for apron space is a significant deterrent to development of
airport lease lots; and,
WHEREAS, the proposed increase is part of the administration’s six year plan to increase non-
signatory airline apron rental rates to market value with FY20 being the fifth year of this plan; and,
WHEREAS, the proposed increase to Airport Reserve Land Annual Lease Rates is
commensurate with the 2018 annual change in Consumer Price Index for Anchorage; and;
WHEREAS, the yearly animal control shelter’s rabies clinic has seen an increase in attendance
to include a significant number of animals from outside the City; and,
WHEREAS, a $5.00 fee per animal vaccinated at the clinic would cover the cost of the vaccination,
rabies tag and syringes needed to give each vaccination; and,
WHEREAS, below market monthly rental rates at Vintage Pointe, the City’s senior housing facility,
are budgeted to increase in FY2020 in an effort to bring the rental rates closer to market rate rents
as determined by the 2015 market rent study by Derry and Associates; and,
WHEREAS, units with market rate rents will increase by the Anchorage Consumer Price Index,
second half over second half for 2018 and units with rents below market rates will increase to
market rate or a maximum of $35.00 over FY2019 rates; and,
WHEREAS, charging market rates will assist in providing adequate funds for ongoing and long-
term maintenance of the facility; and,
WHEREAS, a new rental rate study will be commissioned in FY2020 to ensure rental rates are in
line with market rates for similar facilities; and,
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, in 2011 the City commissioned a Water and Sewer Rate Study to study the City’s
water & sewer rate structure and to determine and recommend any changes to that structure to
ensure the utility can continue to operate and provide the necessary funding to maintain its
infrastructure; and,
WHEREAS, the Water and Sewer Rate Study recommended annual increases in water and sewer
rates to provide funding for infrastructure maintenance and expansion and to ensure the financial
stability of the fund; and,
WHEREAS, the FY2020 increase to water and sewer rates is proposed to be 4.00%, the 2018
change in Anchorage’s Consumer Price Index second half over second half; and,
WHEREAS, Ambulance Fees are proposed to increase to rates commensurate with the
Medicare/Medicaid and the average rate of other agencies in Alaska; and,
WHEREAS, implementing a new rate f or emergency responses where patients are treated on-
scene and either do not require or refuse transport for additional care will help cover fire
department costs for these services; and,
WHEREAS, a new fee is proposed at the Library as there is an increasing number of holds place
by cardholders that travel to us from other libraries, incurring postage and packaging costs; and,
WHEREAS, a large number of these items are not being picked up by the requestor; and,
WHEREAS, the proposed fee of $1.00 for items requested and not picked up will help recoup the
cost of the postage of these items sent over by other libraries; and,
WHEREAS, the Senior Center relies on facility rental fees as a source of revenue and with the
increased amount of community rental options it is imperative it stay competitive and accurately
reflect what the facility has to offer through the rental rates; and,
WHEREAS, the proposed increase in rates is $170 for rental of the kitchen and the dining room,
while also giving viable options for one, two, or three-day rentals; and,
WHEREAS, the increase in the security deposit for facility rentals gives more leverage to insure
any damage will be fully covered.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Airport Fees section of the City’s Comprehensive Schedule of Rates, Charges
and Fees be amended as follows:
AIRPORT FEES
21.05.085 Fuel Flowage Fee per gallon $0.02
APX -
Airport
Regulations
Aircraft Parking Fees
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
6.05.070 (c) -transient, under 4,000 lbs. 0 - 4
hrs.
FREE
6.05.070 (c) -transient, under 4,000 lbs. over 4
hrs.
$5.00
6.05.070 (c) -transient, 4,001 - 12,500 lbs. per
day
$50.00
6.05.070 (c) -transient, 12,501 - 100,000 lbs.
per day
$100.00
6.05.070 (c) -transient, 100,001 lbs. per day $250.00 Landing Fees
14.05.010
(a)(2)
Signatory per thousand pounds $1.70
14.05.010
(b)(2)
Non-signatory per thousand pounds $2.21
exempt -- float planes, test landings due to
mechanical or weather, government aircraft
Tie-down Fees, General Aviation
Paved Areas
-wheels, per month $40.00 -wheels, w/electric per month $60.00 Gravel Area
-wheels/skis, per month $40.00 Float Plane Basin, Private
-daily $5.00 -monthly $40.00 -season -- May to October $250.00 Float Plane Basin, Commercial
-daily $10.00 -monthly $50.00 -season -- May to October $300.00 -monthly w/electric $75.00 Terminal Building Rent --
Exclusive Space
-signatory - per square foot per
year
$33.85
-signatory -- arrival hallway,
departure hallway, passenger hold
room & baggage claim area (per
square foot per year)
$33.85
Terminal Building Rent -- Joint
Use Space
-signatory -- baggage make up
area (per square foot per year)
$20.51
-signatory -- baggage break down
area (per square foot per year)
$20.51
-non-signatory terminal rates 30%
higher
Vehicle Parking Fees at Terminal
-short term 0 - 2 hours FREE
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
-24 hours $7.00 -annual permit $700.00 -annual parking permit w/electric $1,000.00 Vehicle Parking Fees
Greater Than 1/4 Mile From
Terminal Building (at GA Lot)
-calendar day $3.00 -annual permit $420.00 Business Activity & Airport
Access Permit
-mechanic access (per each) $50.00 -fueling access (annual) $100.00 -dispensing fee (per gallon) $0.02 -water extraction access (annual) $100.00 -non-tenant use of basin parking
apron
$75.00
-float plane parking apron (annual) $25.00 -Deposit/replacement proximity
card fee (each)
$100.00
-Catering/mobile food service $50.00 Commercial Turn Fees
-turn fee (narrow body - (1 aisle) $200.00 -turn fee (regional 50 - 99 seats) $150.00 -turn fee (commuter - fewer than
50 seats)
$100.00
Helicopter Landing Fees
-Per Landing $25.00 Other Fees
-Taxi cab (per vehicle per pickup) $1.00 -Terminal building key replacement
(per key)
$10.00
-Non-signatory airline airport apron
rental rate per square foot
[$.087] $1.04
-Signatory, airline, terminal apron
parking and GSE storage space rent
per square foot
$0.52
21.10.090
(a)
Airport Reserve Land Annual
Lease Rates
Legal Description of Property KPB
Parcel ID
No.
FY20 Annual
Rent
Lot 2, Block 2, FBO Subdivision 04336004 [$6,244.32] $6,437.92 NW 1/4 NW 1/4 Sec, 33 lying W of
Marathon Rd. excluding Baron Park
2007 Replat
04501056 Subject to
Appraisal
Lot 8, Block 2, Cook Inlet Industrial
Air Park
04322008 [$14,906.80] $15,368.88
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
Lot 3, Block 5, Cook Inlet Industrial
Air Park
04322020 [$5,664.56] $5,840.16
Lot 4, Block 5, Cook Inlet Industrial
Air Park
04322021 [$5,707.21] $5,884.16
Tract A, General Aviation Apron
No.3
04324025 Subject to
Appraisal Lot 9A, Block 5, General Aviation
Apron No. 6
04324026 [$13,250.88] $13,661.88
Lot 1, Block 2, FBO Subdivision 04336003 [$6,500.16] $6,701.68 Lot 6, Block 1, FBO Subdivision 04336016 [$6,360.24] $6,557.44 Lot 5, Block 1, FBO Subdivision 04336017 [$6,360.24] $6,557.44 Lot 1, FBO Subdivision No. 7 04336034 [$12,168.80] $15,546.00 Lot 3, FBO Subdivision No. 7 04336036 [$17,239.12] $17,773.52 Lot 5, FBO Subdivision No. 9 04336043 Subject to
Appraisal Tract A1, Baron Park 2007 Replat 04501031 [$34,780.64] $35,858.80 Tract C-1, Gusty Subd. No. 8 04327034 [$3,374.80] $3,479.44 Portion of W1/2 of Sec. 28 & SE1/4,
Sec. 29, T6N, R11W
04101021 Subject to
Appraisal Portion of SW1/4, Sec. 29, T6N,
R11W Excluding Airport Float Basin
Replat
04101022 Subject to
Appraisal
Portion of Tract A, Kenai Airport
Float Plane Basin Replat
04318043 Subject to
Appraisal Portion Sec. 32, T6N, R11W
Excluding Subs. & Leased Areas &
Float Plane Basin
04318044 Subject to
Appraisal
Tract A, FBO Subdivision 04336001 Subject to
Appraisal
Section 2. The Animal Control Shelter section of the City’s Comprehensive Schedule of
Rates, Charges and Fees be amended as follows:
ANIMAL CONTROL
3.05.100 (a) Kennel Facility - Non-refundable application fee $26.00 Kennel Facility - Approved application fee $76.00
3.05.100 (a)(5) Insertion of Microchip $10.20
3.05.100 (b) Dog License - Sterilized Dog $10.20 Dog License - Non-sterilized Dog $30.60 Lost License Replacement $2.04
3.05.100 (c) (1) First Impoundment within 12 months- Dog $51.00 First Impoundment within 12 months- Cat $15.30
3.05.100 (c) (2) Second Impoundment within 12 months- Dog $71.40 Second Impoundment within 12 months- Cat $30.60
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
3.05.100 (c) (3) Subsequent Impoundment within 12 months- Dog $102.00 Subsequent Impoundment within 12 months- Cat $40.80
3.05.100 (c) (4) Facility Use Fee - 15lbs or less - Per Day $20.40 Facility Use Fee - more than 15lbs - Per Day $35.70
3.05.100 (c) (5) Dangerous Animal Impoundment $102.00
3.25.060 (c) Veterinary Services - Includes spaying, neutering,
vaccinations, and other veterinary services.
actual cost
Veterinary services transfer fee - per mile (Actual
mileage excluding the first four miles of travel)
$2.04
N/A Animal Waiver Fee - Dog $20.40 Animal Waiver Fee - Puppy <3 months $15.30 Animal Waiver Fee - Kitten < 3 months $10.20 Animal Waiver Fee - Cat $15.30 Animal Waiver Fee - Bird/Rodent $10.20 Animal Waiver Fee - Litter (3 or more) - Kittens $25.50 Animal Waiver Fee - Litter (3 or more) - Puppies $35.70
N/A Adoption Fee $20.40
N/A Rabies Vaccination Fee, per animal, during Yearly
Rabies Clinic
$5.10
Note: All Animal Control Fees are subject to a 2% discount for payment
by means other than credit card.
Section 3. The Vintage Pointe Rents section of the City’s Comprehensive Schedule of Rates,
Charges and Fees be amended as follows:
VINTAGE POINTE RENTS
FOR UNITS WITH RENTAL AGREEMENTS GRANDFATHERED
PER THE CITY'S POLICY BEFORE JUNE 30, 2018:
2-A apartment=826 sq. ft. Ocean Side (3) [$1000.20] $1,035.20 Monthly Automatic ACH Payment Fee $0.00 $0.00
Note: All Vintage Pointe Rents are subject to a 2% discount for
payment by means other than credit card.
FOR UNITS WITH MARKET RATE RENTAL
AGREEMENTS:
1-A apartment=586 sq. ft. Ocean Side (8) [$873.66] $908.61 1-A apartment=586 sq. ft. Street Side (5) [$823.16] $856.09 1-B apartment=637 sq. ft. Street Side (4) [$888.80] $924.35 1-B apartment=637 sq. ft. Ocean Side (6) [$838.30] $871.83 1-C apartment=682 sq. ft. Ocean Side (4) [$888.80] $924.35 1-C apartment=682 sq. ft. Street Side (4) [$838.30] $871.83
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
2-A apartment=826 sq. ft. Ocean Side (3) [$1,004.97] $1,045.17 2-A apartment=826 sq. ft. Street Side (1) [$949.41] $987.39 2-B apartment=876 sq. ft. Ocean Side (2) [$1,004.97] $1,045.17 2-B apartment=876 sq. ft. Street Side (2) [$949.41] $987.39 2-C apartment=789 sq. ft. Ocean Side (1) [$989.81] $1,029.40 2-C apartment=826 sq. ft. Ocean Side (1) [$1,004.97] $1,045.17 Monthly Automatic ACH Payment Fee $0.00 $0.00
Note: All Vintage Pointe Rents are subject to a 2% discount for
payment by means other than credit card.
Section 4. The Water and Sewer section of the City’s Comprehensive Schedule of Rates,
Charges and Fees be amended as follows:
WATER FEES
APX - Public Utility Regulations and Rates
Water & Sewer service deposit - refundable
after two years of timely payments
$100.00
1. Schedule A - General Domestic Service Rates (non-
metered)
-one or two family residence, per family unit [$35.66] $37.09 -single or double unit apartment, per family
unit
[$35.66] $37.09
-apartment, 3 or more units on a single
parcel, per family unit
-single bill assumed by owner [$26.86] $27.93 -separate bill [$35.66] $37.09 -trailers, one or two on single lot, each [$35.66] $37.09 -trailer, 3 or more on single lot
-single billing [$26.86] $27.93 -separate billing [$35.66] $37.09 -boarding houses, per available room [$9.49] $9.87
-demand
-1.00 inch service [$36.16] $37.61 -1.25 inch service [$55.09] $57.29 -1.50 inch service [$91.23] $94.88 -2.00 inch service [$137.70] $143.21 -3.00 inch service [$206.58] $214.84 -larger than 3.00 inch service [$309.84] $322.23 -use charge
-bakery [$104.99] $109.19 -bath house, tub or shower, each [$24.13] $25.10 - bottling works, per bottling machine [$829.67] $862.86 -bowling alleys, amusement parks, doctor [$99.82] $103.81
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
-car lot, with car wash facilities [$49.93] $51.93 -car wash, automatic, per facility [$447.52] $465.42 -car wash, self-service, per stall [$67.12] $69.80 -churches, lodges, clubs, banquet rooms,
per seat
[$0.38] $0.40
-cleaners and commercial laundries, per
facility
[$287.46] $298.96
-dairies, installation of water meter required
-day care center/preschool, per child,
maximum capacity
[$1.43] $1.49
-doctor and dentist offices, per room or
chair
[$21.51] $22.37
-garage, service stations [$43.04] $44.76 -recreational vehicle dump facility (May -
September)
[$49.93] $51.93
-hangar, airplane repair [$43.04] $44.76 -with washing facilities [$49.91] $51.91 -hospital, per bed [$28.42] $29.56 -hotel, motel, resort, per room [$22.37] $23.26 -laundry, self service, per machine [$40.49] $42.11 -markets, meat [$55.09] $57.29 -office building single bill assumed by
owner, per business
[$48.17] $50.10
-office building, tenants are billed, per
business
[$55.09] $57.29
2. Schedule B - Commercial service (non-metered)
-restaurants, cafes, taverns, bars, per seat [$3.10] $3.22 -public office building, per restroom [$12.40] $12.90 -recreation facility, per restroom, sauna,
shower
[$24.13] $25.10
-rv/camper park, per space [$24.13] $25.10 -schools, per seating capacity [$1.43] $1.49 -shopping center [$24.99] $25.99 -shops, beauty, per station or chair [$24.99] $25.99 -shops, misc. (includes barber), per shop [$24.99] $25.99 -sleeping room, per room [$9.49] $9.87 -studio, photo or photo lab [$117.92] $122.64 -supermarket [$283.17] $294.50 -theater, indoor, per seat [$0.16] $0.17 -theater, outdoor, per seat [$0.16] $0.17 -taverns, lounges, bars (without kitchens),
per seat
[$2.95] $3.07
-xray or lab office [$70.59] $73.41
3. Schedule C - Industrial Service (non-metered)
-concrete mixing plant [$454.40] $472.58 -concrete products [$227.23] $236.32 -confectioner [$151.45] $157.51
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
-greenhouse, commercial [$151.45] $157.51 -ice cream plant [$227.23] $236.32 -cold storage plant or locker [$106.73] $111.00 -hydrant use (per day) [$92.40] $96.10
4. Schedule D - Fire Protection None
5. Schedule E - Metered Service
-general usage, per thousand gallons [$3.44] $3.58 -hydrant use, per thousand gallons [$5.18] $5.39 -minimum monthly charge, general usage [$51.66] $53.73
6. Schedule F - Water Connection Permit Fee [$214.20] $222.77 Hydrant Permit deposit $200.00 Unauthorized shut-off or turn-on of water
service
$250.00
Service shut-off or turn-on - during normal
business hours
$50.00
Service shut-off or turn-on - outside normal
business hours & holidays
$150.00
New construction service turn-on and shut
off for system testing
$0.00 $0.00
New construction service turn-on for
occupancy
$0.00 $0.00
Service valve & key box installation by City Actual
Cost
Actual
Cost Key box location Actual
Cost
Actual
Cost
SEWER FEES
APX - Public Utility Regulations and Rates
1. Schedule A - General Domestic Service Rates (non-
metered)
-one or two family residence, per family unit [$51.42] $53.48 -single or double unit apartment, per family
unit
[$51.42] $53.48
-apartment, 3 or more units on a single
parcel, per family unit
-single bill assumed by owner [$38.66] $40.21 -separate bill [$51.42] $53.48 -trailers, one or two on single lot, each [$51.42] $53.48 -trailer, 3 or more on single lot
-single billing [$38.66] $40.21 -separate billing [$51.42] $53.48 -boarding houses, per available room [$13.88] $14.44
2. Schedule B - Commercial service (non-metered)
-demand
-1.00 inch service [$51.90] $53.98
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Resolution No. 2019-34
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New Text Underlined; [DELETED TEXT BRACKETED]
-1.25 inch service [$76.97] $80.05 -1.50 inch service [$130.68] $135.91 -2.00 inch service [$195.12] $202.92 -3.00 inch service [$295.38] $307.20 -larger than 3.00 inch service [$443.96] $461.72 -use charge
-bakery [$150.36] $156.37 -bath house, tub or shower, each [$34.00] $35.36 - bottling works, per bottling machine [$1,192.22] $1,239.91 -bowling alleys, amusement parks, doctor [$144.12] $149.88 -car lot, with car wash facilities [$71.61] $74.47 -car wash, automatic, per facility [$640.87] $666.50 -car wash, self-service, per stall [$95.76] $99.59 -churches, lodges, clubs, banquet rooms,
per seat
[$0.54] $0.56
-cleaners and commercial laundries, per
facility
[$411.73] $428.20
-dairies, installation of water meter required
-day care center/preschool, per child,
maximum capacity
[$2.07] $2.15
-doctor and dentist offices, per room or
chair
[$30.89] $32.13
-garage, service stations [$62.66] $65.17 -recreational vehicle dump facility May -
September)
[$71.61] $74.47
-hangar, airplane repair [$62.20] $64.69 -with washing facilities [$71.61] $74.47 -hospital, per bed [$41.18] $42.83 -hotel, motel, resort, per room [$31.77] $33.04 -laundry, self service, per machine [$57.75] $60.06 -markets, meat [$78.77] $81.92 -office building single bill assumed by
owner, per business
[$68.04] $70.76
-office building, tenants are billed, per
business
[$78.77] $81.92
-restaurants, cafes, taverns, bars, per seat [$4.57] $4.75 -public office building, per restroom [$17.90] $18.62 -recreation facility, per restroom, sauna,
shower
[$34.46] $35.84
-rv/camper park, per space [$34.46] $35.84 -schools, per seating capacity [$2.07] $2.15 -shopping center [$35.80] $37.23 -shops, beauty, per station or chair [$35.80] $37.23 -shops, misc. (includes barber), per shop [$35.80] $37.23 -sleeping room, per room [$13.88] $14.44 -studio, photo or photo lab [$170.07] $176.87 -supermarket [$406.36] $422.61 -theater, indoor, per seat [$0.25] $0.26 -theater, outdoor, per seat [$0.25] $0.26
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New Text Underlined; [DELETED TEXT BRACKETED]
-taverns, lounges, bars (without kitchens),
per seat
[$4.29] $4.46
-xray or lab office [$101.14] $105.19
3. Schedule C - Industrial Service (non-metered)
-concrete mixing plant [$653.41] $679.55 -concrete products [$325.80] $338.85 -confectioner [$216.60] $225.26 -greenhouse, commercial [$216.60] $225.26 -ice cream plant [$325.82] $338.85 -cold storage plant or locker [$152.16] $158.25
4. Schedule D - Fire Protection None None
5. Schedule E - Metered Service
-general usage, per thousand gallons [$5.10] $5.30 -hydrant use, per thousand gallons
-minimum monthly charge, general usage [$76.48] $79.54
6. Schedule F - Permit fee [$205.84] $214.07
Section 5. The Fire Department section of the City’s Comprehensive Schedule of Rates,
Charges and Fees be amended as follows:
FIRE DEPARTMENT
AMBULANCE FEES
BLS Non-emergency [$350.00] $450.00 BLS Emergency [$550.00] $575.00 ALS I (advanced life support) [$650.00] $700.00 ALS II [$800.00] $875.00 Treatment with no transport $250.00 Mileage per mile [$11.00] $14.00
Section 6. The Library section of the City’s Comprehensive Schedule of Rates, Charges and
Fees be amended as follows:
LIBRARY FEES
APX - Library Regulations and Policies
1. Late Fees
a. -books per day $0.10
b. -videos, DVDs, non-book material per day $1.00
c. -cassette players, screens, projectors per day $3.00
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New Text Underlined; [DELETED TEXT BRACKETED]
2. Service Charges (The cost for replacement of books
and other materials that are lost or damaged beyond
repair shall be the actual cost of replacement or the
following schedule will be used when actual
replacement cost is unavailable.)
a. -hardcover books $25.00
b. -juvenile reference $35.00
c. -music cd's $25.00
d. -periodicals $5.00
e. -CD-ROMS $40.00
f. -Alaska government documents $45.00
g. -audio books $20.00
h. -videos and DVDs $25.00
i. -ILL books (fee or actual cost charged by lender $25.00
j. -adult reference $45.00
k. -juvenile kits $20.00
l. -microfilm reels or microfiche $35.00
m. -paperback books $15.00
n. -fishing rods and reels $59.00
o. -MP3 players and FM transmitters $100.00
3. Rebinding Fees
a. -actual cost of rebinding + 5.00 handling fee
4. Proctoring Tests $20.00
5. Replacement Costs
a. -barcode $1.00
b. -lost library card $1.00
c. -lost hang up bags, audio/visual or cassette containers $3.00
6. Damages
a. -defaced or torn pages per page $2.00
7. Photocopying and Printing
a. Photocopying (per page) $0.25
b. Printing from public computers (per page) $0.25
8. Equipment check out (per day) $3.00
a. - security deposit (credit card only) $50.00
9. Postage Fee
a. -shipping cost on items ordered and not picked up $1.00
Section 7. The Senior Center section of the City’s Comprehensive Schedule of Rates,
Charges and Fees be amended as follows:
SENIOR CENTER
SENIOR CENTER MEALS
12 years and younger $7.00
Adult non-senior (13 years and older but less than 60
years)
$14.35
60 years and older - Suggested Donation $7.00
48
Resolution No. 2019-34
Page 13 of 13
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
SENIOR CENTER RENTAL
[MAIN DINING ROOM RENTAL $420.00
KITCHEN RENTAL $210.00]
Main Dining Room and Kitchen Rental
One Day Rental $800.00
Friday (1/2 day) and Saturday $1,200.00
Saturday and Sunday $1,500.00
Friday (1/2 day), Saturday and Sunday $2,100.00
Dishes (per place setting) [$1.30] $1.50
Tulle & Flower Ceiling Swag (setup and teardown
included)
$250.00
[EACH ADDITIONAL SERVICE CALL $52.50
MAIN DINING ROOM SECURITY DEPOSIT $525.00]
[KITCHEN] Security and Damage Deposit [$105.00] $1,000.00
Section 8. That this resolution takes effect July 1, 2019.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
49
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Jeff Tucker, Fire Chief
DATE: February 13, 2019
SUBJECT: Resolution No. 2019-34 – Ambulance Rate Adjustment
____________________________________________________________________________
In preparation for the FY20 budget the department took a serious look at all sources of
expenditures and revenues generated by the department. One item that the department looked
at was our ambulance billing rates. Subsequently we discovered that the Kenai Peninsula
Borough was simultaneously looking at their rate structure.
Two real factors drove both agencies to reexamine their rates. First, the cost to provide EMS
services has increased with rising fuel costs and costs for supplies. The second factor was there
are transport rates that we are charging that are less than the reimbursable rates for
Medicare/Medicaid.
The department looked at our current rates and compared them to the reimbursement rates for
Medicare/Medicaid and the statewide averages for similar services to develop our proposed rate
increases.
Currently, the department is charging less than the allowable Medicare reimbursable amounts for
ALS2 calls, current fee $800.00 and FY19 Medicare rate of $863.78 and for mileage, current fee
$11.00 per mile verse FY19 Medicare rate of $11.43 per mile.
The department is currently also not charging for non-transport EMS responses. These calls
involve the department responding to a patient, evaluating the patient, and either determining the
patient does not need transport, alternate transport would be appropriate (family members car),
or the patient refuses treatment even after EMS recommends transport.
At a minimum EMS will obtain basic vital signs, sometimes perform a 4 or 12 lead ECG and
sometimes in the case of a diabetic patient starting an IV, determining blood glucose levels, and
giving D50 (intravenous glucose) and then the patient still refuses transport.
50
Page 2 of 2
Ambulance Rate Adjustment
Private insurers will pay for non-transports, Medicaid will pay $233.97. On February 13th, 2019,
Medicare announced that reimbursement will be available for certain non-transport ambulance
services and for ambulance transports to alternate destinations. A rate for reimbursement has
not yet been published. Both of these Medicare changes have the potential to have a significant
impact on our billable charges. EMS has not transported to alternative care facilities such as the
Doctors office or a free standing clinic due to our inability to charge for those transports. We will
have to evaluate the new changes when they are published to see how much of a potential impact
they will have to our service.
As stated earlier the Kenai Peninsula Borough is currently working on the same rate increases to
be on par with our proposal. We have met with Borough Staff and they will be submitting these
changes to their fees.
Using the revenue projection for 2019 with 2019 Medicare/Medicaid allowables and fees and
based on the actual transport for FY18 the revenue projection would change from $479,307.11 to
$502,155.41 or an increase of $22,848.30. Again, this does not take into effect the new Medicare
rates.
Statewide there are other models for billing, with some areas charging a flat rate for all calls. The
Fairbanks North Star Borough charges a flat rate of $1,000 for all transport calls and the
Municipality of Anchorage and others charge different rates for residents versus non-residents.
Anchorage charges for BLS calls $800 for residents $900 for non-residents and for ALS call $950
for residents and $1050 for non-residents.
This proposed rate structure is based on the current structure that the City of Kenai and the KPB
use. This does not take into consideration GEMT reimbursements, which are on track to be in
effect July 1, 2019.
Thank you for your consideration.
City of Kenai
Projections based on actual transport data, payer mix and collections percentages from FY 2018 (July 17-June 18)
2019
Current Fee Count Proposed
Fee Medicare Medicaid State Ave % Medicare% M'caid
BLS E 550.00 407 575.00 502.56 458.95 566.48 40 36
BLS NE 350.00 43 450.00 314.10 286.85 457.78
ALS 1 E 650.00 326 700.00 596.79 545.01 698.79
ALS2 800.00 21 875.00 863.78 635.98 840.26
TNT 250.00 262 250.00 0.00 233.97 Comm coll.
Mileage 11.00 8596 14.00 11.43 9.63 11.77 77
Non-capped Medicare Total
Count Fees Income Count Fees Income Count Fees Income Count Fees Income
BLS 98 56166.00 43247.82 163 93610.00 78053.20 147 84249.00 67245.35 407 234025.00 188546.37
BLS NE 10 4644.00 3575.88 17 7740.00 5154.00 15 6966.00 4440.44 43 19350.00 13170.32
ALS 1 78 54768.00 42171.36 130 91280.00 74241.63 117 82152.00 63962.37 326 228200.00 180375.36
ALS 2 5 4410.00 3395.70 8 7350.00 6921.99 8 6615.00 4808.01 21 18375.00 15125.70
TNT 63 15720.00 12104.40 105 26200.00 0.00 94 23580.00 3300.00 262 65500.00 15404.40
Mileage 2063 28882.56 22239.57 3438 48137.60 37493.07 3095 43323.84 29800.61 8596 120344.00 89533.25
Total 254 164590.56 126734.73 424 274317.60 201863.89 381 246885.84 173556.79 1059 685794.00 502155.41
Projected revenue:
Revenue projection for 2019 with 2019 Medicare allowables and fees
AK Medicaid
$502,155.41
51
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: March 12, 2019
SUBJECT: Resolution No. 2019–34
____________________________________________________________________________
This Memo is in reference to the proposed increase in Senior Center Rental Fees for FY2020.
The Senior Center relies on rental fees to equitably compensate the Center for the use of its
facilities. With the increased amount of community rental options it is imperative we stay
competitive and have rates that accurately reflect what our facility has to offer.
The proposed increase in rates is $170 for rental of the kitchen and the dining room, while also
giving viable options for one, two, or three-day rentals. The increase in the security deposit gives
more leverage to insure any damage would be fully covered.
Thank you for your consideration.
52
53
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Jessica “JJ” Hendrickson, Chief Animal Control Officer
DATE: May 21, 2019
SUBJECT: Resolution No. 2019-34 – Animal Control Fee Change
This memo supports a change to the current fee schedule in regards to animal control fees. In
order to cover the cost of the rabies vaccination offered at the yearly rabies clinic, which has
increased in participation over the years, a $5.00 fee per animal vaccinated at the clinic would
be appropriate. The increased fee will cover the cost of the vaccination, rabies tag and syringe
needed to give the vaccination.
Thank you for your consideration.
54
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019 - 35
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
BUDGET ADJUSTMENTS IN THE AIRPORT FUND FOR COSTS IN EXCESS OF BUDGETED
AMOUNTS.
WHEREAS, snowfall at the Kenai Airport during the 2018-2019 winter was above average with
over thirty-five documented snow events requiring response; and,
WHEREAS, budgeted overtime hours were not sufficient requiring supplemental funding of
$20,000 including overtime and benefits; and,
WHEREAS, the Department has identified available budgeted money in other accounts sufficient
for the needed amendment to overtime and benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
Section 1. That following budget adjustment is authorized:
Airport Fund
Increase:
Terminal – Overtime $ 1,500
Airfield – Overtime $12,000
Airfield – Leave $ 4,000
Airfield – FICA/OASDI $ 2,000
Airfield – W/C $ 500
$20,000
Decrease:
Administration – Contingency $19,000
Airfield – Repairs & Maintenance $ 1,000
$20,000
Section 2. That pursuant to KMC 1.15.080(b), this resolution shall become effective upon
adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
55
Resolution No. 2019-35
Page 2 of 2
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: ___________
56
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant, Airport Manager
DATE: May 22, 2019
SUBJECT: Resolution 2019-35 - FY19 Airfield Overtime Shortage
The Airport experienced heavy snowfall over the 2018-2019 season with over thirty-five
documented snow events that demanded early call outs and long clean-up hours to ensure safe
operations for aircraft. This resulted in the Airfield and Terminal overtime accounts to be short
approximately $20,000.
To cover this overrun, funds can be transferred from the following accounts:
Administration/Contingency - $19,000
Airfield/Repairs & Maintenance $ 1,000
$20,000
Thank you for your consideration.
57
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019 - 36
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A
DONATION FROM KENAI SENIOR CONNECTION, INC. FOR $50,000 TO THE FY2019
BUDGET.
WHEREAS, the Senior Citizen Fund will not meet its budget goals for FY2019 and shows a deficit
of $50,000 due to decreased revenue in user meal donations, Medicaid funding and the United
Way Grant; and,
WHEREAS, because the Kenai Senior Connection, Inc. By-Laws state its first purpose is to
“provide financial assistance for the continued operation of the Kenai Senior Center,” it is
appropriate to donate, from its Endowment Fund, an additional $50,000 to the City of Kenai,
adding to the Kenai Senior Center FY2019 Operating Budget to supplement funding needed to
cover costs of the Center’s operation; and,
WHEREAS, at its regular meeting of May 24, 2019, Kenai Senior Connection, Inc. reviewed and
approved the donation of $50,000 from its Endowment Fund for the purpose identified above.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1: That the City Council accept the donation to supplement the FY2019 Senior Citizen
Fund Operating Budget.
Section 2: That this resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
58
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: May 28, 2019
SUBJECT: Resolution No. 2019 – 36
____________________________________________________________________________
This Memo is in reference to a deficit in the Title III Senior Citizen Fund for FY2019 and a
supplemental donation from the Kenai Senior Connection, Inc. Endowment Fund.
While our department has managed to reduce spending in various ways, our income has also
declined. The amount of rides, home and congregate meal donations is down considerably, as
well as funding for Medicaid meals. In addition, our United Way grant has disappeared altogether
as the local office has closed. Our FY2019 budget will close with a $50,000 deficit.
The Kenai Senior Connection, Inc. voted at its May 24, 2019 meeting to approve a donation of
$50,000 to the FY2019 Operation Budget from the Endowment Fund.
Thank you for your consideration.
59
Suggested by: Kenai Senior Connection, Inc. Chair
KENAI SENIOR CONNECTION, INC.
RESOLUTION NO. 2019-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENAI SENIOR CONNECTION, INC., KENAI,
ALASKA, DECREASING REVENUES IN ITS KENAI SENIOR CONNECTION, INC. ENDOWMENT FUND
IN THE AMOUNT OF $50,000 TO DONATE TO THE CITY OF KENAI AS AN ADDITIONAL
APPROPRIATION INTO THE CITY OF KENAI FY19 OPERATING BUDGET TO SUPPLEMENT THE KENAI
SENIOR CENTER FY19 OPERATING BUDGET.
WHEREAS, at its April 26, 2019 regular meeting, the Kenai Senior Connection, Inc. unanimously
approved the donation of $50,000 from its March for Meals Savings Account to the City of Kenai
for appropriation into the City of Kenai Operating Budget for Fiscal Year 2020 in the Kenai Senior
Center Meals Fund; and,
WHEREAS, it has come to the attention of the City of Kenai Administration and the Kenai Senior
Center Director, after identifying budget amounts initially approved in the City of Kenai FY19
budget, grant-approved funds, Medicaid funding, and user meal donations, that additional
funding will be needed in the FY19 Kenai Senior Center Operating Budget to cover the costs of
operating the Kenai Senior Center during FY19; and,
WHEREAS, because the Kenai Senior Connection, Inc. By-Laws state as its first purpose "to
provide financial assistance for the continued operation of the Kenai Senior Center," it is
appropriate to donate, from its Endowment Fund, an additional $50,000 to the City of Kenai add
to the Kenai Senior Center FY19 Operating Budget to supplement funding needed to cover costs
of the Center's operation; and,
WHEREAS, at its regular meeting of May 24, 2019, the Connection reviewed, discussed, and
approved the donation of $50,000 from its Endowment Fund for the purpose identified above.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI SENIOR
CONNECTION, IN C., as follows:
Section 1.
Section 2.
Article Ill, Paragraph 1, of the Kenai Senior Connection, Inc. By-Laws state its first
purpose is "to provide financial assistance for the continued operation of the
Kenai Senior Center."
At its regular May 24, 2019 meeting, the Board of Directors of the Kenai Senior
Connection, Inc. reviewed, discussed, and approved the additional donation of
$50,000 from its Endowment Fund to the City of Kenai as an additional
appropriation into the City of Kenai FY19 Operating Budget to supplement the
Kenai Senior Center FY19 Operating Budget.
60
Kenai Senior Connection, Inc.
Resolution No. 2019-03
Page 2 of 2
PASSED BY THE BOARD OF DIRECTORS OF THE KENAI SENIOR CONNECTION, INC., KENAI, ALASKA,
this 24th day of May, 2019.
ATTEST:
Carol L. Freas, Secretary
VELDA GELLER, PRESIDENT
Introduced: May 24, 2019
Adopted: May 24, 2019
Effective: May 24, 2019 61
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JUNE 5, 2019
VENDOR DESCRIPTION
PERS PERS
ENSTAR NATURAL GAS GAS USAGE
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 88,582.91
VARIOUS UTILITIES 22,676.23
MATURITY DATE AMOUNT Effect. Int.
62
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF : JUNE 5, 2019
VENDOR DESCRIPTION DEPT.
FORENSIC DEVICE EXTRACTION/EXAM
CELLEBRITE , INC . TOOL POLICE
SOUTH SPRUCE STREET ELECTRICAL PERSONAL USE FISHERY
ACCOUNT
SMALL TOOLS
FOSTER CONSTRUCTION IMPROVEMENTS CAPITAL PROJ CONSTRUCTION
I NCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPT ION P.O. # -DEPT. REASON
WINCE , CORTHELL , BRYSON C/O #1 117307 -A/P IMPR. CONST. ADMIN.
AMOUNT
17 ,115.00
24 ,225.00
AMOUNT TOTAL PO AMT
63 ,020.00 89 ,020 .00
63
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross – Police Chief
DATE: May 22, 2019
SUBJECT: Purchase Order Exceeding $15,000 - Cellebrite
______________________________________________________________________
The purpose of this memo is to request support for a purchase order in the amount of $17,115
to Cellebrite for the purchase of a tool to perform forensic device (i.e. Cell phones) data extraction
and examination. The device will be valuable in the timely evaluation of evidence in criminal
cases. The funds for this purchase are asset forfeiture funds from the State of Alaska
appropriated under Ordinance 3067-2019.
Cellebrite is the system used locally by various agencies and officers at the department have
experience using the equipment. Three quotes were obtained for the Cellebrite UFED Touch 2
system, and it was determined that a purchase directly from the manufacturer was the most
advantageous and at the lowest price offered.
Your consideration is appreciated.
64
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin – Public Works Director
DATE: May 28, 2019
SUBJECT: Purchase Order Exceeding $15,000 – South Spruce Street Electrical
Improvements
The purpose of this memo is to request approval to contract for the South Spruce Street Electrical
Improvements project. This Work shall provide for a more permanent installation of providing
electrical service to the fee shacks that are setup annually for the Personal Use Fishery.
Widening of the roadway within this area to accommodate a second inbound lane is also included
with this work. Completion of this project will prevent future repetitive work setting up temporary
facilities and access, resulting in cost savings and a more expedited setup time of the fee shacks
and equipment.
A Request for Quotes was sent to contractors on May 12, 2019. The Following four quotes were
received on May 21, 2019:
Foster’s Construction at $24,225.00
Legacy Electric $24,999.00
BMGC LLC $34,900.00
Peninsula Construction Inc. $37,775.00
Foster’s Construction quote was found to be fair and reasonable.
Sufficient Funding for this work as follows:
Personal Use Fishery Capital Project Fund 130
Activity Code # 232
Council’s consideration is respectfully requested.
65
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant, Airport Manager
DATE: May 28, 2019
SUBJECT: Purchase Order Exceeding $15,000 – Wince-Corthell-Bryson
The purpose of this memo is to request an increase to purchase order #117307 issued on
January 28, 2019 to Wince-Corthell-Bryson for $26,000. This was for the completion of design
services for the Airfield Marking, Crack Sealing, and Minor Pavement Repair Project.
The project was advertised and a responsible bid received on May 28, 2019. Wince-Corthell-
Bryson submitted a proposal for $63,020 for construction administration. City Administration
reviewed the proposal and finds the scope of work to be accurate and the price of $63,020 to be
fair and reasonable.
This project consists of airfield painting, the crack sealing of the runway, taxiways, and apron,
apron seal coating, and minor pavement repair along the shoulders of the runway.
Thank you for your consideration.
Please contact me if you have any questions.
66
FISCAL YEAR 2020
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 5, 2019
VENDOR DESCRIPTION
SYSTEMS DESIGN WEST LLC FY20 AMBULANCE BILLING
DEPT. ACCOUNT AMOUNT
FIRE PROFESSIONAL SERVICES 21,000.00
67
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Jeff Tucker, Fire Chief
DATE: May 28, 2019
SUBJECT: Purchase Order Exceeding $15,000 – Systems Design West LLC
____________________________________________________________________________
The City of Kenai Fire Department is requesting Council approval for Requisition #40394 to
Systems Design West LLC and in the amount of $21,000.00. The City of Kenai has a
Professional Services Agreement with Systems Design West LLC for the ambulance billing
service. The agreement is in affect from July 1, 2018 to June 30, 2021 with one two year
extension option, pending Council approval and mutual agreement between the City of Kenai
and the Contractor. Monies for ambulance billing is budgeted in GL# 001-422-4531.
Your consideration is appreciated.
68
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3069-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
FY2019 BUDGETED FUNDS FOR MUNICIPAL ROADWAY IMPROVEMENTS IN THE
MUNICIPAL ROADWAY IMPROVEMENT CAPITAL PROJECT FUND FOR FUTURE
ROADWAY PROJECTS.
WHEREAS, the FY2019 General Fund Budget included a $200,000 transfer to the Municipal
Roadway Improvement Capital Project Fund for project to be identified; and,
WHEREAS, in order to expend funds on projects, the funds must first be appropriated in the
Municipal Roadway Improvement Capital Project Fund; and,
WHEREAS, the administration is preparing projects which will be presented to Council for
approved by resolution; and,
WHEREAS, appropriation of the funds will allow projects to be identified and awarded via
resolution, thus shortening the time to begin work on projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Municipal Roadway Improvement Capital Project Fund:
Increase Estimated Revenues –
Transfer from the General Fund $200,000
Increase Appropriations:
Construction $200,000
Section 2. Identified projects will be presented to Council via resolution for approval prior to
expending of funds.
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.
69
Ordinance No. 3069-2019
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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 19th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: ___________
Introduced: June 5, 2019
Enacted: June 19, 2019
Effective: June 19, 2019
70
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin – Public Works Director
DATE: May 30, 2019
SUBJECT: Ordinance No. 3069-2019
This memo recommends passage of Ordinance No. 3069-2019 appropriating FY2019 budgeted
funds for Municipal Roadway Improvements into the Municipal Roadway Improvement Capital
Project Fund for Future Roadway Projects.
The Public Works Department, in coordination with the Streets Department staff and the
Administration, are actively prioritizing projects, which will be brought to council for approval by
resolution in the weeks ahead. Approval of this Ordinance, coupled with the funds becoming
available July 1st with the FY2020 budget will allow the Public Works Department to effectively
address the street maintenance needs of the community.
Council’s support and approval is respectfully requested. Thank you for your consideration.
71
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3070-2019
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
BUDGET TRANSFER IN THE GENERAL FUND, DECREASING ESTIMATED REVENUES AND
APPROPRIATIONS IN THE SENIOR CITIZEN SPECIAL REVENUE FUND AND
APPROPRIATING FY2019 BUDGETED AMOUNTS IN THE SENIOR CENTER IMPROVEMENT
CAPITAL PROJECT FUND FOR CARPET REPLACEMENT.
WHEREAS, the FY2019 General Fund Budget included a $34,500 transfer to the Senior Citizen
Special Revenue Fund for replacement of carpet in the Senior Center Dining Room; and,
WHEREAS, the carpet replacement project will not be awarded by June 30, 2019 as the Senior
Center is awaiting grant approval; and,
WHEREAS, if the funds are not moved to the Senior Center Improvement Capital Project Fund
prior to year-end it will lapse requiring supplemental appropriation in FY2020; and,
WHEREAS, moving the funds to the Senior Center Improvement Capital Project Fund will make
the funds available until such time as the project is completed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The following budget transfer is authorized:
General Fund:
Transfer to Senior Citizen Special Revenue Fund $(34,500)
Transfer to Senior Center Improvement Capital Project Fund 34,500
$ -
Section 2. Estimated revenues and appropriations in the Senior Citizen Special Revenue
Fund be decreased as follows:
Revenues – Transfer from General Fund – Capital $(34,500)
Expenditures – Congregate Meals – Buildings $(34,500)
Section 3. Increasing estimated revenues and appropriations in the Senior Center
Improvement Capital Project Fund for dining room carpet replacement as follows:
Increase estimated revenues – Transfer from General Fund $34,500
Increase expenditures – Construction $34,500
72
Ordinance No. 3070-2019
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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.
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 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: ___________
Introduced: June 5, 2019
Enacted: June 19, 2019
Effective: June 19, 2019
73
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin – Public Works Director
DATE: May 30, 2019
SUBJECT: Ordinance No. 3070-2019
This memo recommends passage of Ordinance No. 3070-2019 transferring funds to the Senior
Center Improvement Capital Project Fund. Public Works staff in coordination with the Senior
Center, has competitively quoted the requested flooring replacements. The following quotes were
received:
• Floor-Ever Inc. $29,953.00
• Four D Carpet-One Inc. $32,146.82
• Home Gallery $34,550.00
Floor-Ever was determined as providing the lowest responsible quote.
Senior Center staff is moving forward with this information in an application for a Rasmussen
Grant. Funds are being requested to roll into the Senior Center Capital Project Fund to allow time
for a determination to be made on grant eligibility. In the event the Senior Center staff is
successful in obtaining a grant a large portion of the costs associated with this work will be
covered by the grant.
Council’s support and approval is respectfully requested. Thank you for your consideration.
74
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant, Airport Manager
DATE: May 22, 2019
SUBJECT: Second One-Year Extension for Airport Janitorial Services
The current Janitorial Contract in place for the Airport terminal building has an option of renewal
for two successive one-year terms by mutual written consent. The first one-year extension was
approved effective July 1, 2018. The second one-year extension will begin July 1, 2019.
The City has a current Certificate of Insurance on file.
I recommend extending the contract for the second one-year extension.
Thank you for your consideration.
75
76
77
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Christine Cunningham, Assistant to City Manager
DATE: May 21, 2019
SUBJECT: Second One-Year Extension to the City Hall Janitorial Contract
______________________________________________________________________
The current Janitorial Contract that is in place for City Hall has an option of renewal for
two successive one-year terms by mutual written consent. The first one-year extension
was approved effective July 1, 2018 and the second extension is available beginning July
1, 2019.
I recommend extending the contract for the second one-year extension.
Your consideration is appreciated.
78
SECOND AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES
The Agreement for Janitorial Services made the ____ day of July, 2019 by and
between the CITY OF KENAI, hereinafter called "Owner", whose address is 210 Fidalgo
Avenue, Kenai, AK 99611-7794, and, INTEGRITY JANITORIAL, LLC, whose mailing
address is P.O. Box 3283, Kenai, AK, 99611, hereinafter called "Contractor," is hereby
amended as follows:
1). Pursuant to Section 2 of the Agreement for Janitorial Services the term of the
Agreement for Janitorial Services for Kenai City Hall is extended for one year, beginning
on July 1, 2019 and ending on June 30, 2020.
DATED this ____ day of July, 2019
CITY OF KENAI
By: __________________________
Paul Ostrander, City Manager
INTEGRITY JANITORIAL, LLC
By:
Thomas White, Member
79
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of July,
2019, by Paul Ostrander, City Manager for the City of Kenai.
__________________________________
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this _____ day of July,
2019 by Thomas White, Member of Integrity Janitorial, LLC, an Alaska corporation, on
behalf of the corporation.
__________________________________
Notary Public for Alaska
My Commission Expires:
Approved as for form: _____
Scott Bloom, City Attorney
Approved by Finance ______
Terry Eubank, Finance Director
80
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Joiner, Library Director
DATE: May 8, 2019
SUBJECT: Second 1 Year extension to the Kenai Community Library Janitorial Contract
______________________________________________________________________
The current Janitorial Contract that is in place for the Kenai Community Library has an option of
renewal for two successive one-year terms by mutual written consent. The first one-year
extension was approved effective July 1, 2018. The second one-year extension is available
beginning July 1, 2019.
I recommend extending the contract for the second one year extension.
Your consideration is appreciated.
81
SECOND AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES
The Agreement for Janitorial Services made the 1st day of July 2015, by and
between the CITY OF KENAI, hereinafter called “Owner”, whose address is 210 Fidalgo
Avenue, Kenai, AK 99611-7794, and, Precious Janitorial IND. whose mailing address is
P.O.Box 927, Kenai, AK 99611, hereinafter called “Contractor,” is hereby amended as
follows:
1). Pursuant to Section 2 of the Agreement for Janitorial Services the term of
the Agreement for Janitorial Services for the Kenai Community Library is extended for
one year, beginning on July 1, 2019 and ending on June 30, 2020.
DATED this ____ day of June 2019.
CITY OF KENAI
By:
Paul Ostrander, City Manager
Precious Janitorial, IND. Precious Janitorial, IND
By: By:
Sylvia Trevino, Owner George Jackson, Owner
82
(If Lessee is a corporate-style entity)
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of June,
2019, by Paul Ostrander, City Manager for the City of Kenai.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of June,
2019, by Precious Janitorial IND, an Alaskan corporation on behalf of the corporation.
Notary Public for Alaska
My Commission Expires:
Approved as for form:
Scott Bloom, City Attorney
Approved by Finance:
Terry Eubank, Finance Director
83
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Dave Ross, Police Chief
DATE: May 22, 2019
SUBJECT: Second One-Year Extension to the Police Department Janitorial
Contract
______________________________________________________________________
The current Janitorial Contract that is in place for the Police Department has an option of renewal
for two successive one-year terms by mutual written consent. The second one-year extension is
available beginning July 1, 2019.
I recommend extending the contract for the second one year extension.
84
SECOND AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES
The Agreement for Janitorial Services made the 1st day of July 2015, by and
between the CITY OF KENAI, hereinafter called “Owner”, whose address is 210 Fidalgo
Avenue, Kenai, AK 99611-7794, and, Precious Janitorial IND. whose mailing address is
P.O.Box 927, Kenai, AK 99611, hereinafter called “Contractor,” is hereby amended as
follows:
1). Pursuant to Section 2 of the Agreement for Janitorial Services the term of
the Agreement for Janitorial Services for the Kenai Police Department is extended for one
year, beginning on July 1, 2019 and ending on June 30, 2020.
DATED this ____ day of June 2019.
CITY OF KENAI
By:
Paul Ostrander, City Manager
Precious Janitorial, IND. Precious Janitorial, IND
By: By:
Sylvia Trevino, Owner George Jackson, Owner
85
(If Lessee is a corporate-style entity)
ATTEST:
Name
Title
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of June,
2019, by Paul Ostrander, City Manager for the City of Kenai.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of June,
2019, by Precious Janitorial IND, an Alaskan corporation on behalf of the corporation.
Notary Public for Alaska
My Commission Expires:
Approved as for form:
Scott Bloom, City Attorney
Approved by Finance:
Terry Eubank, Finance Director
86
Municipal Officials Meet in Soldotna for Policy Conference
Invitation to Sponsor
AML’s summer meeting rotates around the state, and this year will be in Soldotna, August 13-
15. This policy-focused conference engages participants in conversations about AML’s 2020
position statement, and state and federal policy priorities.
The 100 attendees include mayors and managers from Alaska’s most influential cities and
boroughs. Many state and federal officials attend, alongside Alaska’s business leaders and
community organizations.
AML recognizes that you play a significant role in contributing to Alaska’s economic and
community development, and that you might already work closely with municipalities. A
sponsorship of this event helps to strengthen local government in Alaska, even as it builds on
your relationship and opportunities for business growth.
AML would like to encourage your consideration of sponsorship of the Conference, which
allows you to:
• Reach over 100 city and borough elected officials and municipal leaders
• Increase your visibility, and expand your “brand” recognition
• Participate in all conference events, including social and networking activities
• Develop and maintain contacts with elected officials and municipal staff
Conference sponsorship ensures that registration fees are kept affordable and maximizes
participation. Your support is an important component of the event’s success in delivering value
to members and ensuring that Alaska’s municipal governments are successful. The August
meeting conference sponsorship levels are affordable, with recognition increasing according to
higher levels. Please consider contributing $500, $750, $1,000 or $2,500 to this effort.
Municipal officials truly appreciate AML conference sponsors and they look forward to meeting
you. Feel free to contact us with questions or to discuss sponsorship.
Nils Andreassen
Executive Director
nils@akml.org and 907.790.5305
87
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Vice Mayor Navarre
DATE: May 30, 2019
SUBJECT: Memorial Plaque and Tree for Ron Malston
Ron Malson passed away on Thursday May 23, 2019. Mr. Malston served the City of Kenai as
Mayor and as a member of the Airport Commission, Beautification Committee, and Personnel
Arbitration Board. He also supported the community as a member of several service
organizations and small business owner.
In honor of Mr. Malson’s significant contribution to our community, I think it’s appropriate that the
City recognized his service by purchasing a memorial plaque and tree to be placed at Leif Hansen
Memorial Park.
Your consideration is appreciated.
88
KENAI HARBOR COMMISSION
MAY 13, 2019 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR MIKE DUNN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Dunn called the meeting to order at approximately 6:00 p.m.
a. Pledge of Allegiance
Chair Dunn led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair M. Dunn, Vice-Chair C. Crandall, C. Hutchison, B.
Peters, N. Berga
Commissioners absent: G. Greenberg, J. Desimone
Staff/Council Liaison present: Public Works Director S. Curtin, City Clerk J. Heinz, Council
Member J. Glendening
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Peters MOVED to approve the agenda and Commissioner Crandall SECONDED
the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – (10 minutes) None scheduled.
3. UNSCHEDULED PUBLIC COMMENT
Council Member Glendening spoke about the Kenai City Dock, noting there was interest in the
facility and interest in providing fuel and crane services. He suggested there also be capabilities
for e-landing to fill out fish tickets to promote commercial activity, and he spoke in support of
dredging the dock.
4. APPROVAL OF MEETING SUMMARY
a. April 8, 2019
MOTION:
Commissioner Peters MOVED to approve the meeting summary of April 8, 2019; and
Commissioner Crandall SECONDED the motion. There were no objections; SO ORDERED.
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May 13, 2019
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – Status of Dock and Harbor Facility Survey
Appreciation was expressed for the survey comments and the insight provided.
b. Discussion/Recommendation – FY20, FY21, FY22 Capital Improvement Project
List
The Public Works Director provided worksheets of the FY20, FY21, and FY22 Capital
Improvement Projects. Additional projects of interest discussed included dredging and crane at the
City Dock, float replacements, concrete repair, no wake buoys, and a drift boat pullout.
The Commission members agreed to postpone this item to the next meeting.
7. REPORTS
a. Public Works Director – S. Curtin reported on the following:
• No bids were received for the contract to use cranes, offices, and operating
area at the City Dock.
b. Commission Chair – No report.
c. City Council Liaison – R. Peterkin reported on the May 1 City Council Meeting
actions and noted the U.S. Coast Guard would be at an upcoming Commission
Meeting to discuss safety and he would provide the date when it was determined.
8. NEXT MEETING ATTENDANCE NOTIFICATION – June 10, 2019
9. COMMISSIONER COMMENTS AND QUESTIONS – None.
10. ADDITIONAL PUBLIC COMMENT
Council Member Glendening reiterated the City Dock opportunities of interest.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:26 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn LaPlante
Deputy City Clerk
90
KENAI PARKS & RECREATION COMMISSION
MAY 2, 2019 – 6:00 PM
KENAI CITY COUNCIL CHAMBERS
CHAIR CHARLIE STEPHENS, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Stephens called the meeting to order at 6:10 p.m.
a. Pledge of Allegiance
Chair Stephens led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Commissioners present: Chair C. Stephens, S. Kisena, F. Perez
Commissioners absent: Vice-Chair T. Wisniewski, J. Joanis, J. Dennis
Staff/Council Liaison present: Parks & Rec Director B. Frates, Council Member H.
Knackstedt
No quorum was present.
c. Agenda Approval
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT
4. APPROVAL OF MEETING SUMMARY
a. February 7, 2019
b. March 7, 2019
c. April 4, 2019
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – 2019 Non-Routine Work Tasks & Project List
b. Discussion – August Activity Planning
7. REPORTS
a. Parks and Recreation Director
b. Commission Chair
c. City Council Liaison
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May 2, 2019
8. NEXT MEETING ATTENDANCE NOTIFICATION –June 6, 2019
9. COMMISSION QUESTIONS & COMMENTS
10. ADDITIONAL PUBLIC COMMENT
11. INFORMATION
a. April/May Monthly Report
b. Department Newsletter - “Kenai Breeze”
12. ADJOURNMENT
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn LaPlante
Deputy City Clerk
92
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MAY 8, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, J. Halstead,
V. Askin, T. McIntyre
Commissioners absent: G. Greenberg
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Council
Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as presented and Commissioner Askin
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda to include the excused absence of
Commissioner Greenberg and Commissioner Halstead SECONDED the motion. There were no
objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
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Planning and Zoning Commission Meeting Page 2 of 3
May 8, 2019
e. *Excused absences – G. Greenberg
2. *APPROVAL OF MINUTES
a. April 24, 2019
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT – None.
4. UNSCHEDULED PUBLIC COMMENT – None.
5. CONSIDERATION OF PLATS – None.
6. PUBLIC HEARINGS – None.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
a. Resolution PZ2019-12 – Application for Transfer of Conditional Use Permit PZ15-10 for
the Operation of a Gravel Pit for Extraction of Natural Resources, from Michael S. Brown,
Transferor, to BMBC, LLC, Transferee, located at 601 Childs Avenue, Kenai, Alaska
99611; further described as Tract 3, Jaynes Subdivision Big Mikes Addition
The City Planner reviewed the staff report as provided in the packet, noting she went through the
existing conditions in the permit and specifically noted if the original applicant complied with the
conditions, if any previously added conditions were required to maintain, and if any conditions
could be removed. It was clarified it was staff recommendation to add a condition to the transfer
of conditional use permit for surface extraction that the transferee continue to operate within the
buffer distances granted by the variance permit PZ15-11.
It was reported the transfer of conditional use permit for surface extraction met the requirements
of Kenai Municipal Code 14.20.150(i)(5) and 14.20.157(a). City staff recommended approval of
the transfer of Conditional Use Permit PZ15-10 (PZ16-14), subject to the conditions outlined in
the staff report and Resolution.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-12 with staff
recommendations and Commissioner Askin SECONDED the motion.
Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public
comment was closed.
VOTE:
YEA: Halstead, Springer, McIntyre, Fikes, Askin, Twait
NAY:
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May 8, 2019
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Knackstedt reviewed the action agenda from the May
1 City Council Meeting and specifically noted there were deliberations about the onsite
marijuana consumption and subsequently failed the Ordinance; and the FY20 budget
was introduced for discussion and review at the next Council meeting.
b. Borough Planning – No report. The next meeting is on May 13.
c. Administration – City Planner Appleby reported on the following:
• A series of lunch time hikes with the purpose of cleaning up our city and getting some
exercise, a coordinated effort with the Parks and Recreation Department, the
TRASHercise event dates have been set and a schedule provided in the packet;
• She was working with the Police Department to address the several complaints
about trash and vehicles in violation with City Code; and
• She will be attending a meeting on May 20 for the Kenai Peninsula Coordinated
Regional Transit Plan; more information would be provided at the next Commission
meeting.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS
a. TRASHercise Lunches 2019
13. NEXT MEETING ATTENDANCE NOTIFICATION – May 22, 2019
The City Planner noted if there were no agenda items for the May 22 meeting, the regular meeting
would be canceled and a Sign Code work session would be held in its place.
14. COMMISSION COMMENTS & QUESTIONS – None.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:38 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
95
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MAY 22, 2019 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
b. Roll Call
Commissioners present: Chair J. Twait, Vice-Chair D. Fikes, R. Springer, G.
Greenberg, J. Halstead, V. Askin, T. McIntyre
Commissioners absent: J. Halstead
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Planning
Assistant W. Anderson, Council Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda as presented and Commissioner Springer
SECONDED the motion. There were no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Askin MOVED to approve the consent agenda and Commissioner Springer
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
e. *Excused absences – None.
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May 22, 2019
2. *APPROVAL OF MINUTES
a. May 8, 2019
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT – None.
4. UNSCHEDULED PUBLIC COMMENT – None.
5. CONSIDERATION OF PLATS – None.
6. PUBLIC HEARINGS
a. Resolution PZ2019-16 – Recommending the Kenai City Council Amend Kenai Municipal
Code 14.20.320 - Definitions, and 14.20.330 – Standards for Commercial Marijuana
Establishments to Prohibit Onsite Consumption of Marijuana at Retail Marijuana Stores
Requiring an Onsite Consumption Endorsement
The City Planner reviewed the staff report as provided in the packet, noting City Council referred
Ordinance No. 3068-2019 to prohibit onsite consumption at retail marijuana stores to the Planning
and Zoning Commission for consideration and a recommendation. As Council failed the previous
Ordinance that would have allowed onsite consumption in retail marijuana stores with a
conditional use permit, they are recommending a ban of on-site consumption at this time.
It was staff recommendation that the Planning and Zoning Commission approve Resolution No.
PZ2019-16, supporting approval of Ordinance No. 3068-2019.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-16 with staff
recommendations and Commissioner McIntyre SECONDED the motion.
Chair Twait opened the floor for public testimony. There being no one wishing to be heard, public
comment was closed.
It was majority consensus of the Commission that the concern was the lack of ability to test the
level of marijuana consumption and intoxication, increasing the threat of safety to others when
leaving the establishments.
VOTE:
YEA: Springer, McIntyre, Fikes, Askin, Twait
NAY: Greenberg
MOTION PASSED.
7. UNFINISHED BUSINESS – None.
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May 22, 2019
8. NEW BUSINESS – None.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action agenda from the May 15
City Council Meeting and specifically noted the FY2020 budget was thoroughly
discussed, amended and approved.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on May 13 and
provided an update on the actions at that meeting.
c. Administration – City Planner Appleby reported on the following:
• Purchasing of iPads for Planning and Zoning Commission members was approved
for the FY2020 Budget and would be on the June 19th City Council agenda with a
policy change;
• The State of Alaska Transportation Alternatives Program approved funding for a bike
trail on Bridge Access and from Beaver Loop to the Kenai Spur Highway, and will go
before City Council for acceptance of funding and appropriations; the Alaska
Department of Natural Resources and the City of Soldotna were also approved
funding for their projects;
• She was working on developing a map of all of the bike trails with the City of
Soldotna;
• The first TRASHercise event is scheduled for Noon tomorrow, May 23 and the
events were scheduled through October with the flyer available on the City of Kenai
website;
• The update to the General Fund Lands Code would be coming before the
Commission for review when it was completed; and
• It was a goal to have gravel pit site visits as part of the conditional use permit annual
report and application process and there is an opportunity to do so with a recent
application, more information to come.
The City Planner requested for input from the Commission in scheduling work session dates.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION – June 12, 2019
The next sign code work sessions would be scheduled for Tuesday, June 25 and August 13 at
6 p.m.
14. COMMISSION COMMENTS & QUESTIONS
Chair Twait expressed interest in reconsideration of Resolution No. PZ2019-16 noting the public
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May 22, 2019
safety issue previously expressed was currently a requirement for a conditional use permit.
MOTION:
Chair Twait MOVED to reconsider the vote of Resolution No. PZ2019-16 and Commissioner
Springer SECONDED.
Chair Twait noted that prohibiting onsite consumption because of lack of demand and for public
safety was not justifiable reasons as public safety was part of the permit process through the
State of Alaska and the conditional use permitting. It was noted that by not allowing on-site
consumption in marijuana establishments, it removes the risks of public safety because
individuals are forced to do it in a private setting and less likely to drive, potentially at home or in
a place away from higher public volume.
VOTE ON RECONSIDERATION:
YEA: Greenberg, Twait
NAY: Springer, McIntyre, Fikes, Askin
MOTION FAILED .
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:23 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
99
KENAI BEAUTIFICATION COMMITTEE
REGULAR MEETING
MAY 14, 2019 – 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Gabriel called the meeting to order at 6:10 p.m.
a. Pledge of Allegiance
Chair Gabriel led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Committee Members present: Chair L. Gabriel, K. Reed, T. Wilson, T. Canady
Committee Members absent: B. Madrid, M. Rhyner
Staff/Council Liaison present: Parks and Recreation Director B. Frates, Parks and
Recreation Operator R. Dodge
A quorum was present.
c. Agenda Approval
MOTION:
Committee Member Reed MOVED to approve the agenda as presented; and Committee Member
Canady SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. April 9, 2019
MOTION:
Committee Member Reed MOVED to approve the April 9, 2019 meeting summary and Committee
Member W ilson SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS
a. Discussion – Wildflower Garden Design Ideas
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May 14, 2019
The Parks and Recreation Director clarified that he heard a clear consensus from committee
members at the last meeting that it was the size of the wildflower garden. The Director suggested
that the planting could be scaled back by just planting inside the established trails, which would
include approximately 40K sq. ft. versus the current 65K sq. ft. It was noted there would be a cost
savings on at least the planting side. It was further noted that the mowed turf space around the
perimeter of the garden would draw more attention to the wildflowers.
6. NEW BUSINESS
a. Discussion – Volunteer Plant Day
The Parks and Recreation Director referred to the memorandum in the packet and recommended
June 1 as the date of the Volunteer Plant Day with a check-in time of 10 a.m. and a BBQ to follow
at Noon. There were no objections.
The Director suggested the Committee Members assign themselves and facilitate the various
beds needing planted. Flowerbeds were discussed and the Committee member assignments
were decided as follows:
• Chairman Gabriel – Fire Department, Blue Star;
• Member Madrid – Fire Department, Blue Star;
• Member Wilson – Leif Hansen Memorial Park Sign Bed;
• Member Canady – Circle planters at old Carrs Mall;
• Member Reed – Kenai Municipal Park and Leif Hansen Memorial Park Tree.
b. Discussion – Flowerbed Designs
The Parks and Recreation Director presented various designs and requested modifications, as
needed. Designs were reviewed and the following changes were recommended:
• Blue Star Memorial – Confirmed as presented;
• Fire Department Bed – Consider placing Livingston Daisies around the perimeter in place
of red Supertunias;
• Leif Hansen Park Sign Bed – Consider adding Kale (Red Bore and Tascano);
• Municipal Park Sign Bed – Confirmed as presented;
• Old Remax Bed – Consider substituting the Livingston Daisies with mounding type
Petunias; and
• Town Tree – Confirmed as presented.
7. REPORTS
a. Parks & Recreation Director – B. Frates reported the following:
• The Department held its first East Egg Hunt at the Municipal Park on April 19;
• The Department was wrapping up its temporary hire for its summer
maintenance program; and
• A community cleanup was scheduled for Saturday, May 18 at 10 a.m. – Noon;
Alaska Waste would provide a large roll-off container at no expense.
b. Committee Chair – L. Gabriel noted the committee still had a vacant position needing
filled.
101
___________________________________________________________________________________
Beautification Committee Meeting Page 3 of 3
May 14, 2019
c. City Council Liaison – None.
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 10, 2019
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS
Chair Gabriel noted that a garden tour was typically held in August. It was suggested August 13
as the tentative date.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION
a. April/May Monthly Report
12. ADJOURNMENT
There being no further business before the Committee, the meeting was adjourned at 7:02 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn LaPlante
Deputy City Clerk
102
PURCHASE ORDERS BETWEEN $2 ,500.00 AND $15,000.00 FOR COUNCIL REVI EW
COUNCIL MEETING OF: JUNE 5, 2019
VENDOR DESCRIPTION DEPT . ACCOUNT AMOUNT
SPRINKLER PRO MAY/JUNE LAWN MAINTENANCE SR. CENTER PROF. SERVICES 3,453 .92
MOTION & FLOW CONTROL PROD. CARBIDE CUTTING EDGES AIRPORT OPERATING SUPPLIES 4,550.00
GCR T I RES WHEELS STREETS OPERATING SUPPLIES 4 ,999.76
OSHKOSH ARFF TRUCK INSPECTION SHOP REPAIR & MAINTENANCE 4 ,760.00
ALASKA RESTAURANT SUPPLY DISHWASHER SR. CENTER MACHINERY & EQUIP. 10,117.55
WEST COAST PAPER MEAL TRAYS SR. CENTER OPERATING SUPPLIES 3 ,373.50
CROWLEY FLOAT PLANE FUEL AIRPORT OPERATING SUPPLIES 3 ,807.92
LN CURTIS & SONS THERMAL IMAGER FIRE SMALL TOOLS 5,700.00
FESTIVE OUTFITTERS COMPRESSOR REBUILD RECREATION REPAIR & MAINTENANCE 4,794.00
AIR LIQUIDE RUNWAY CASSETTE BROOMS AIRPORT OPERATING SUPPLIES 7,075 .00
PREFERRED PLUMBING FD KITCHEN RENOVATION PUBLIC SAFETY PROJ. CONSTRUCTION 7 ,455.00
SOUTHCENTRAL COMM . TOWER ANTENNA INSTALLATION VARIOUS MACHINERY & EQUIP. 4,850.00
HUFFER ELECTRIC PSB KITCHEN RENOVATION PUBLIC SAFETY PROJ. CONSTRUCTION 4,650.00
103
From: kpbirdin g@yaho ogro ups .co m
Subject: [kpbirding] Digest Number 1242
Date : May 16, 2019 5 :09:21 PM AKDT
To: kpbi rd ing@yahoogro ups.com
Reply· To : "No Reply"<not ify-dg-kpb irding@yahoogroups.com>
YAHQQ/ GROUPS Kenai Peninsula Bird Sightings Group
1 Message
1 Celebration of Birds starts this weekend in Kenai by kennethtarbox
Message
1 Celeb r ation of Birds starts this weekend in Kenai
Thu Ma y 16, 2019 12:28 pm (PDT ). Poste d by : kennethtarbox
CEL EBR ATION OF BIRDS
SATURDAY, MAY 18 , 20 19
Digest #1242
24 -H our Midnig ht Sun Big S it -6:00 AM -6 :00 AM 5/19 --Participate in the only 24-hour Big Sit in the land of
the midn ig ht sun . All are welcome at the Kenai Wildlife Viewing Platform (located at the end of Public Boat
Launch Road Kenai). Come anytime and stay as long as you like .. Past years have spotted 70+ bi rd species
with moose, caribou, harbor seals and coyote join ing us on the Kena i River estuary.
Kasilof Flats Hot Spot -1 :00 -3:00 PM -The Kasilof River north bank mud flats are one of the best Kenai
Peninsula shorebird view ing spots . The road t o the north side is off Kalifornsky Beach Road at ro ad mile 5 . Th e
ro ad is labe led Kasilof Be ach Access Road . Biologist Laura Bu rke will help ID shorebirds. Make sure to arrive
near 1 :0 0 PM as the tide covers the flats quickly.
Kenai Flats Hot Spot -4 :00 -5:30 PM -Join local experts at a special shorebird hotspot. A small pon d next to
Cannery Road on the so uth side of the Kenai Ri ver provides excellent shorebird views and photo opportun ities.
Take Cannery Road to where it ends then proceed on gravel road until yo u see pond on your right.
,SAJURDAY, MAY 25, 2019
Kenai Wildlife Refuge Walk -=. 8:00 -11 :00 AM -A walk in the woods near the Kenai Wildlife Re fuge
Headquarters near Soldotna , Alaska . This easy to moderate 2 mile w al k is through a boreal forest and marsh
habitats. Meet at the New Kenai Refuge Visitor Center near Soldotna .. American Three-toed Woodpecker,
Brown Creeper, and Golden-crowned King let are poss ible. The first part of the walk will be on the Keen-E ye
Trail followed by other trails as time permits . Led by George and Bev Kirsch .
SATURDAY, JUNE 1, 2019
Bishop Creek/ Stormy Lake Walk 8:00 -10:00 AM -Approxi mately 20 miles N of Kenai on North Kenai Rd.
Park and meet at Bishop Creek State Park parking area . Easy 0. 75 mile round trip walk through brushy forest to
Cook Inlet shore. If time perm its a second w alk to Stormy La ke boat launch will take place. Blackpol l and Ye llow
Warbler, Northern Waterthrush , Brown Creepers, Semipalmated sandpi pers, and Swainson 's thru sh possible.
Recogn ition of bird songs and calls emphasized . Led b y George and Bev Kirsch .
104
HELPFUL HINTS :
1. It can be ch ill y on some of the mornings so dress warmly.
2. Try to arri ve 5-10 minutes earlier than posted Walk times.
No binoculars? No spotting scope? No problem . Th ere will be lots of gea r to share with new birders . Th is is truly
a great time to learn from local birding experts. For more details call 262-7767 or go to the Kenai Pen insula
Birding Festival Facebook Page.
Reply to sender . Reply to group . Reply via Web Post . All Messages (1) . Top"
VISIT YOUR GROUP
YAHOO/ GROUPS • Privacy • Un subsc ribe •Terms of Use
105
From: kpbirding@yahoogroups.com
Subject: [kpbirding] Digest Number 1245
Date: May 22 , 2019 5:08:59 P M AKD T
To: kpbirding@yahoogroups.com
Reply-To: "No Reply"<notify-dg-kpbi rdin g@yaho ogroups.com>
YAHQQ/ GROUPS Kenai Peninsula Bird Sightings Group
1 Message
1 Kenai Flats Mid -Night Sun 24-Hour Big Sit 5/18-19 by kenai birder
Message
1 Kenai Flats Mid-Night Sun 24-Hour Big Sit 5/18-19
Wed May 22, 2019 11 :59 am (PDT). Posted by : kenaib irder
Kenai--Kenai River Wildlife Viewing Platform , Kenai Peninsula , Alaska, US
May 18, 2019 6 :00 AM -6:00 AM
Protocol: Stationary
Comments : 7th Annual Kenai Flats Mid-Night Sun 24-hour Big Sit
56 species (+2 other taxa)
Snow Goose (Anser caerulescens) 1
Greater White-fronted Goose (Anser albifrons) 23
Digest #1245
Cackling Goose (Aleutian) (Branta hutchinsii leucopareia) 4 -Slightly larger than nearby m inima , much lighter
breasts/body, pronounced (wide) white neck-rings, different shape to head
Cackling Goose (mi nima) (Branta hutchinsii minima) 70
Canada Goose (Branta canadensis) 10 -parvipes -our common lesser Canada Goose
Canada Goose (Dusky) (Branta canadensis occidentalis/fulva) 2 -Dusky Canada Goose, dark chocolate brown
breast/body, larger and much darker than nearby Canada Goose parvipes pairs
Northern Shoveler (Spatula clypeata) 13
American Wigeon (Mareca americana) 30
Mallard (An as platyrhynchos) 15
Northern P intail (Anas acuta) 25
Green -winged Teal (Anas crecca) 40
Greater Scaup (Aythya marila) 2
Bar row's Goldeneye (Bucephala islandica) 6
Common Merganser (Mergus merganser) 6
Red-breasted Merganser (Mergus serrator) 4
Rock Pigeon (Feral Pigeon) (Columba li via (Feral Pigeon)) 2
Sandhill Crane (Antigone canadensis) 35
Pacific Golden-P lover (Pluvia li s fulva) 2
106
Semipalmated Plover (Charadrius semipalmatus) 9
Whimbrel (Numen iu s phaeopus) 2
Hudsonian Godwit (Limosa haemastica) 4
Sanderling (Calidris alba) 11 -Bright white unmarked underparts , black legs and short black bill , smaller than
Dunlin yet larger than Western Sandpipers and other peeps within the mi xed flock . Approximately half the birds
acquiring their breeding plumage of russet head and upper breast and half lacked such -seldom seen on lower
Kenai River
Dunlin (Calidris alpina) 9
Least Sandpiper (Calidris minutilla) 5
Pectoral Sandpiper (Calidris melanotos) 90
Semipalmated Sandpiper (Calidris pusilla) 7
Western Sandpiper (Calidris mauri) 60
Short-billed Dowitcher (Limnodromus griseus) 30
Long-billed Dowitcher (Limnodromus scolopaceus) 3
Wilson's Sn ipe (Gallinago delicata) 3
Red-necked Phalarope (P halaropus lobatus) 2
Greater Yellowlegs {Tringa melanoleuca) 8
Lesser Yellowlegs (Tringa flavipes) 4
Bonaparte's Gull (Chroicocephalus philadelphia ) 1
Mew Gull (Larus canus) 200
Herri ng Gull (Larus argentatus) 40000
Glaucous-winged Gull (Larus glaucescens) 400
Arctic Tern (Sterna paradisaea) 150
Red-throated Loo n (Gavia stellata) 4 -2 pairs on river onl y 20 meters apart -most years there are two pairs
nesting on lower Kenai River
Northern Harrier (Circus hudsonius) 1
Bald Eagle (Haliaeetus leucocephalus) 20
Northern Flicker (Colaptes auratus) 1
Merlin (Fal co columbarius) 1
Black-billed Magpie (Pica hudsonia) 2
Northwestern Crow (Corvus caurinus) 2
Common Raven (Corvus cora x) 2
Tree Swallow (Tachycineta bicolor) 15
Black-capped Chickadee (Poecile atricapillus) 2
Ruby-crowned Kinglet (Regulus calendula ) 2
American Robin (Turdus migratorius) 2
American Pipit (Anthus rubescens) 3
Common Redpoll (Acanthis flammea) 1
Dark-eyed Junco (Junco hyemalis) 2
White-crowned Sparrow (Zonotrichia leucophrys) 1
Savannah Sparrow (Passerculus sandwichensis) 5
Lincoln's Sparrow (Melospiza lincolnii) 6
Orange-crowned Warbler (Oreothlypis celata ) 3
Yellow-rumped Warbler (Setophaga coronata) 2
107
From: Kenneth Tarbox <tarbox1946@gmail.com>
Subject: Fwd: May 25, 2019 Moose Range Headquarters
Date: May 25 , 2019 12:50 :20 PM AKDT
To: Bob Molloy <bmolloy110 @yahoo .com>
Bev asked me to send this to you
----------Forwarded message ---------
Fro m: George Ki rsch <gbk74 @alaska.net>
Date : Sat, May 25, 2019 at 11 :37 AM
Subject : May 25 , 2019 Moose Ra nge Headquarters
To: Tarbox Kenneth <tarbox1946 @gmail.com>
Ruby-crowned Kinglet
Orange-crowned W arbler
Yellow-rump led Warbler
B rown Creeper
B lack-capped Chi ckadee
Boreal Chickadee
Dark-eyed Junco
Red-brea sted Nuthatch
Am erican Robi n
Varied Thru sh
Swainson's Thrush
Canada J ay
Bald Eagle
Common Raven
Surf Scoter
B arrow 's Goldeneye
Common Me rganser
Mallard
Wil son 's Snipe
Herring Gull
Mew Gull
Bonaparte's G ull
Arct ic Tern
Comm on Lo on
T ree Swallow
Sent from my iPhone
108
JUNE 5, 2019
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item D.3. Ordinance No. 3068-2019
• Public Comments City Clerk
From:Stephanie Crookshanks
To:City Clerk
Subject:On-site cannabis consumption
Date:Wednesday, June 5, 2019 11:51:54 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
To whom it may concern,
As a new resident to the state of Alaska, and employee to the marijuana industry, I would like
to express the importance of acceptance to all activities relating to the field. On-site
consumption is a section of the industry not yet introduced, and for no legitimate reason. I
would like to explore the legitimacy a little more....
Driving after smoking is a huge concern to the public, because the impressions of the public
deem it impairing, however a 2017 study compiled by the NHTSA found that "An interesting
finding from this research is that after smoking marijuana, subjects in most of the simulator
and instrumented vehicle studies on marijuana and driving typically drive slower, follow other
cars at greater distances, and take fewer risks than when sober (Stein, et al., 1983; Smiley, et
al., 1981; Smiley, et al., 1986; Casswell, 1977; Robbe and O'Hanlon, 1993). These effects
appear to suggest that the drivers are attempting to compensate for the subjective effects of
using marijuana. In contrast, subjects dosed with alcohol typically drive faster, follow at closer
distances, and take greater risks."
Another popular concern is how this will impact the availability to minors. However another
2017 study found that "DENVER — A new federal report shows rates of teen marijuana use in
Colorado have still not increased since voters decided to end marijuana prohibition in 2012 and
start regulating it similarly to alcohol for adult use. The U.S. Centers for Disease Control and
Prevention’s High School Youth Risk Behavior Survey (YRBS) found 19.6 percent of Colorado
students are currently using marijuana (compared to 19.8 percent nationwide), down from 21.2
percent in 2015 and 22 percent in 2011, the year before voters approved Amendment 64. The
rate of lifetime use dropped to 35.5 percent in 2017 (compared to 35.6 percent nationwide), down
from 38 percent in 2015 and 39.5 percent in 2011.The Colorado and nationwide data for 2017 are
available at https://tinyurl.com/y9kor29o.
Why, when we have had years upon years of experience and obvious evidence, in the regulation
of the alcohol industry, is it so hard to find a happy middle ground in regulations, enforcement, and
public concerns of the marijuana industry. The hypocrisy of the two fields is damning, and will
continue to be so until they start regulating the two with equal acceptance.
thank you for your time.
From:dollynda Phelps
To:City Clerk
Subject:Support responsible onsite consumption
Date:Wednesday, June 5, 2019 11:26:15 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear council,
The extensive deliberation regarding the matter of regulated on-site consumption
areas for marijuana has been ongoing for 4 years. The Marijuana Control Board has
discussed, at great length, the pro's and con's to this license endorsement. The public
has had several opportunities over the last 4 years to give input. After careful and
lengthy consideration, the MCB voted to approve on-site consumption. This
conclusion went through the appropriate process and was approved.
The fear among communities such as Kenai that wish to ban this license
endorsement seems to revolve around the "idea" that this will increase impaired
driving violations and accidents. Do you truly believe that people who use cannabis
(proven to be much safer than alcohol) are not already driving, and have not been
doing so for the last 50 or 60 years? This would not change simply because there is
now a "public" space for this social activity, for local social gatherings and tourism.
The widespread misconception that cannabis impairment increases traffic accidents
has been dis-proven many times, including 2 studies from the U.S. Department of
Transportation:
"...The same study looked at the speed at which the driver drove relative to the speed
limit as a result of marijuana and alcohol use by the drivers. Subjects dosed on
marijuana showed reduced mean speeds, increased time driving below the speed
limit and increased following distance during a car following task. Alcohol, in contrast
was associated with higher mean speeds (over the speed limit), greater variability in
speed, and spent a greater percent of time driving above the speed limit. Marijuana
had no effect on variability of speed. In the combined alcohol and marijuana condition
it appeared that marijuana mitigated some of the effects found with alcohol by
reducing the time spent above the speed limit (Hartman, et al., 2016).
It should also be noted that many studies have not shown impairment on these
psychomotor tasks, cognitive and executive functions as have shown statistically
significant impairments. It is not clear why this is the case. It may stem from different
THC doses, different time lags between doses and testing or driving, differences in
the tasks used to assess the effects, tolerance developed through frequent use, and
the different dependent measurement employed and their relative sensitivity to small
effects (Smiley, et al., 1986; Lenné, et al., 2010).
Despite the variability in results, this research has demonstrated the potential of
marijuana to impair driving related skills. It does not show a relationship between THC
levels and impairment.
An interesting finding from this research is that after smoking marijuana, subjects in
most of the simulator and instrumented vehicle studies on marijuana and driving
typically drive slower, follow other cars at greater distances, and take fewer risks than
when sober (Stein, et al., 1983; Smiley, et al., 1981; Smiley, et al., 1986; Casswell,
1977; Robbe and O'Hanlon, 1993). These effects appear to suggest that the drivers
are attempting to compensate for the subjective effects of using marijuana. In
contrast, subjects dosed with alcohol typically drive faster, follow at closer distances,
and take greater risks."
https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812440-marijuana-
impaired-driving-report-to-congress.pdf
Given the information that the consumption of cannabis does not negatively affect an
individual to the same degree as alcohol, I urge you to allow the growth of this new
industry in responsible ways. If you read the proposed regulations from the MCB you
will see it is very strictly regulated, under video surveillance, and very small quantities
of cannabis will be permitted for on-site use (unlike the unlimited amount of alcohol
you can buy at a bar). So we must ask ourselves, what is the difference between
cannabis currently being used in parks and other areas, and cannabis being used in a
regulated environment? It simply makes no sense to disallow a regulated social area
for social cannabis use. The hypocrisy between cannabis and alcohol is undeniable.
Please allow the on-site consumption, and address problems as they are identified.
Thank you for your time,
Dollynda Phelps
907-252-8026
-· 0
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ACTION AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
JUNE 5, 2019-6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE ., KENAI, AK 99611
htt p ://www.kenai.ci t y
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 rout ine 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 , i n 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. LT JG Scott Peters -U.S. Coast Guard involvement in the Kenai River Dip Net
Fishery.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3066-2019 -Accepting
and Appropriating a Grant from the Federal Aviat ion Adm inistration for the 20 19
Airfield Marking , Crack Sealing , and Minor Pavement Repair Project and Awarding a
Construction Contract to Complete the Work . (Administration )
• Substitute Ordinance No. 3066-2019 -Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue and Airport Improvements Cap ital
Project Funds, Accepting and Appropriating a Grant from the Federa l Aviation
Administration, and Awarding a Construction Contract for Completion of the 20 19
Airfield Marking , Crack Sealing , and Minor Pavement Repair Project.
(Administration)
2. ENACTED UNANIMOUSLY. Ordinance No. 3067-2019 -Accepting and
Appropriating $26,605.40 in Asset Forfeiture Sharing Funds and Appropriating Those
Funds Into the Police Small Tools Account for the Purpose of Purchasing La w
Enforcement Equipment. (Administration )
Kenai Ci ty Council Meeting
June 5, 2 019
Pag e 1 of 4
3. POSTPONED AS AMENDED. Ordinance No. 3068-2019 -Amending Kenai
Municipal Code 14.20 .320-Definitions and 14.20.330-Standards for Commercial
Marijuana Establishments to Prohibit Onsite Consumption of Marijuana at Retail
Marijuana Stores Requiring an Onsite Consumption Endorsement. (Council Members
Pettey and Glendening)
4. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-34 -Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes
included in the FY2020 Budget to include Adjusting the Kenai Municipal Airport Apron
Rental Rates , Airport Reserve Land Annual Lease Rates, Animal Control Fees,
Adjusting the Monthly Rental Rates at Vintage Pointe, Increasing Water/Sewer Rates,
and Ambulance Fees, and Implementing a New Library Fee , and Increasing Senior
Center Rental Fees . (Administration)
5. ADOPTED UNANIMOUSLY. Resolution No. 2019-35 -Authorizing Budget
Adjustments in the Airport Fund for Costs in Excess of Budgeted Amounts .
(Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2019-36 -Accepting a Donation from
Kenai Senior Connections , Inc. for $50,000 to the FY2019 Budget. (Administration)
E. MINUTES -None.
F. UNFINISHED BUSINESS-None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA *Action/Approval -Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA *Action/Approval -Purchase Orders
Exceeding $15 ,000 . (Administration)
3. INTRODUCED BY THE CONSENT AGENDA/ PUBLIC HEARING SET FOR 6119119
*Ordinance No. 3069-2019 -Appropriating FY2019 Budgeted Funds for Municipal
Roadway Improvements in the Municipal Roadway Improve ments Capital Project
Fund for Future Roadway Projects. (Administration)
4. INTRODUCED BY THE CONSENT AGENDA/ PUBLIC HEARING SET FOR 6119119
*Ordinance No. 3070-2019 -Authorizing a Budget Transfer i n the Genera l Fund ,
Decreasing Estimated Revenues and Appropriations in the Senior Citizen Specia l
Revenue Fund and Appropriating FY2019 Budgeted Amounts in the Sen io r Center
Improvement Capital Project Fund for Carpet Replacement. (Administration )
5. APPROVED UNANIMOUSLY. Action/Approval -Second Amendment to Agreement
for Janitorial Services for the City of Kenai City Hall , A irport , Community Library, and
Police Department. (Administration)
Kenai City Council Meeting
June 5, 2019
Page 2 of 4
6. APPROVED UNANIMOUSLY. Action/Approval -City Sponsorship of $1,000 to
Alaska Municipal League for the 2019 Summer Legislative Conference Being Held in
Soldotna. (Vice Mayor Tim Navarre)
7. APPROVED UNANIMOUSLY. Action/Approval -City Donation of a Memorial
Plaque Honoring Ron Malston to be Placed at Leif Hanson Memorial Park . (Vice Mayor
Tim Navarre)
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
1. Discussion of Kenai Visitor Center Management and Potential Staffing Changes, a
Matter of Which the Immediate Knowledge may have an Adverse Effect upon the
Finances of the City [AS44.62 .310( c )( 1 )] and a Subject that Tends to Prej udice the
Reputation and Character of a Person or Persons Currently Employed by the City
[AS44.62.310 (c)(2)]
M. PENDING ITEMS -None.
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Celebration of Birds Article and Events Information
Kenai City Council Meeting
June 5, 2 0 19
Page 3 of 4
The agenda and supporting documents are posted on the City's website at www.kenai.cit v.
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 C ity Council Meeting
Ju ne 5 , 2019
Page 4 of 4
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE JUNE 5, 2019
KENAI CITY COUNC IL 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 AS AMENDED. Ordinance No. 3066-20 19 -Accepting and
Appropriating a Grant from the Federal Aviation Admin istration for the 2019 Airfield Marking,
Crack Sealing, and Minor Pavement Repair Project and Awarding a Construction Contract
to Complete the Work . (Administration)
• Substitute Ordinance No. 3066-2019 -Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue and Airport Improvements Capital Project
Funds, Accepting and Appropriating a Grant from the Federal Aviation Administration,
and Awarding a Construction Contract for Completion of the 2019 Airfield Marking,
Crack Sealing, and Minor Pavement Repair Project. (Adm inistration)
2. ENACTED UNANIMOUSLY. O rdinance No. 3067-2019 -Accepting and Appropriating
$26,605.40 in Asset Forfeiture Sharing Funds and Appropriating Those Funds Into the
Police Small Tools Account for the Purpose of Purchasing Law Enforcement Equipment.
(Administration)
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-34 -Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes included in
the FY2020 Budget to include Adjusting the Kenai Municipal A irport Apron Rental Rates ,
Airport Reserve Land Annual Lease Rates, Animal Control Fees , Adjusting the Monthly
Rental Rates at Vintage Pointe, Increasing Water/Sewer Rates, and Ambulance Fees, and
Implementing a New Library Fee , and Increasing Senior Center Rental Fees .
(Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2019-35 -Authorizing Budget Adjustmen ts in
the Airport Fund for Costs in Excess of Budgeted Amounts. (Administration)
5. ADOPTED UNANIMOUSLY. Resolution No. 2019-36 -Accepting a Donation from Kenai
Senior Connections, Inc. for $50,000 to the FY2019 Budget. (Administration)
Copies of the ordinances and/or resolutions are availab le in the Office of the Kenai 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
JUNE 5, 2019
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of 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. 3066-2019 -Accepting and Appropriating a Grant from the
Federal Aviation Administration for the 2019 Airfield Marking , Crack Sealing, and Minor
Pavement Repair Project and Awarding a Construction Contract to Complete the Work.
(Administration)
• Substitute Ordinance No. 3066-2019-Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue and Airport Improvements Capital Project
Funds, Accepting and Appropriating a Grant from the Federal Aviation Administration,
and Awarding a Construction Contract for Completion of the 2019 Airfield Marking,
Crack Sealing, and Minor Pavement Repair Project. (Administration)
2. Ordinance No. 3067-2019 -Accepting and Appropriating $26 ,605.40 in Asset
Forfeiture Sharing Funds and Appropriating Those Funds Into the Police Small Tools
Account for the Purpose of Purchasing Law Enforcement Equipment. (Administration)
3. Ordinance No. 3068-2019-Amending Kenai Municipal Code 14.20.320-
Definitions and 14.20.330-Standards for Commercial Marijuana Establishments to
Prohibit Onsite Consumption of Marijuana at Retail Marijuana Stores Requiring an
Onsite Consumption Endorsement. (Council Members Pettey and Glendening)
4. Resolution No. 2019-34 -Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes included in the FY2020 Budget to include
Adjusting the Kenai Municipal Airport Apron Rental Rates, Airport Reserve Land Annual
Lease Rates, Animal Control Fees, Adjusting the Monthly Rental Rates at Vintage
Pointe, Increasing Water/Sewer Rates, and Ambulance Fees, and Implementing a New
Library Fee, and Increasing Senior Center Rental Fees . (Administration)
5. Resolution No. 2019-35-Authorizing Budget Adjustments in the Airport Fund
for Costs in Excess of Budgeted Amounts. (Administration)
6. Resolution No. 2019-36-Accepting a Donation from Kenai Senior
Connections, Inc. for $50,000 to the FY2019 Budget. (Administration)
The public 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 ordinances and/or resolutions are available in the Office of the Kena i C ity C lerk
and will be available at the meeting for public review. Please be advised, subject to legal
limitations, ordinances and/or resolutions may be amended by the Council prior to adoption
without further pu lie notice.
MEMO:
TO: File
FROM: Jamie Heinz, City Clerk
DATE: June 6, 2019
SUBJECT: Confidential Meeting Material
Confidential material was presented to the Council in Executive Session and is sealed
as a part of the permanent meeting record.
For more information, contact me at 907-283-8231 or visit with me at City Hall, Office of
the City Clerk.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014