HomeMy WebLinkAbout2019-07-03 Council Packet Kenai City Council - Regular Meeting Page 1 of 99
July 03, 2019
Kenai City Council - Regular Meeting
July 03, 2019 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non -controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Resolution No. 2019-45 - Authorizing a Facility Management Agreement with the
Kenai Chamber of Commerce and Visitor Center, Inc., for the Operation and
Management of the Kenai Visitor and Cultural Center. (Administration) [Clerk's
Note: Council May Convene in Executive Session to Discuss this Agenda Item, a
Matter of which the Immediate Knowledge may have an Adverse Effect Upon the
Finances of the City (AS44.62.310(c)(1))]
2. Resolution No. 2019-46 - Selecting Divining Point, LLC, for City of Kenai Tourism
and Marketing Services. (Administration)
3. Resolution No. 2019-47 - Providing For The Submission To The Qualified Voters
Of The City Of Kenai, At The Regular Election Of October 1, 2019, The Question
Of Amending Article 10, Elections, Of The Charter Of The City Of Kenai To
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July 03, 2019
Provide Designated Seats For Each Council Position And Allow Qualified Voters
To Vote In An Election For A Candidate For Each Seat. (Council Member
Knackstedt and Vice Mayor Navarre)
4. Resolution No. 2019-48 - Providing For The Submission To The Qualified Voters
Of The City Of Kenai, At The Regular Election Of October 1, 2019, The Question
Of Amending Section 10-3 Filing, To Remove The Requirement That Candidates
For Mayor And Council Provide A Petition Signed By Twenty Or More Registered
Voters. (Council Member Knackstedt and Vice Mayor Navarre)
5. Resolution No. 2019-49 - Providing For The Submission To The Qualified Voters
Of The City Of Kenai, At The Regular Election Of October 1, 2019, The Question
Of Amending Section 10-2 Three-Year Terms – Election At Large – Nonpartisan
Elections, To Provide That The Terms Of Office Of The Mayor And Other
Councilmembers Shall Begin The Monday Following Certification Of The
Election. (Vice Mayor Navarre)
6. Resolution No. 2019-50 - Awarding an Agreement for the Purchase of Security
Cameras and Software for the Public Safety Building Security Camera Project.
(Administration)
7. Resolution No. 2019-51 - Awarding an Agreement to Furnish and Deliver
Chemicals for the Wastewater Treatment Plant and Water Treatment Facility.
(Administration)
8. Resolution No. 2019-52 - Amending its Comprehensive Schedule of Rates,
Charges, and Fees, to Eliminate the Ambulance Fee for Patient Treatment without
Transport. (Administration)
9. Resolution No. 2019-53 - Authorizing the City Manager to Enter into a One-Year
Agreement with the City of Soldotna to Provide Animal Shelter Services for the
City of Soldotna at the Kenai Animal Shelter. (Administration)
E. MINUTES
1. *Work Session Summary of June 11, 2019
2. *Regular Meeting Minutes of June 19, 2019
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified (Administration)
2. *Action/Approval - Purchase Orders Over $15,000 (Administration)
3. Action/Approval - Approving a Special Use Permit of the Use of the City Dock
Crane. (Administration)
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July 03, 2019
4.Action/Approval - Delineate Management Authority for Two Properties in the
Baron Park Subdivision. (Administration)
5.Action/Approval - Confirmation of Mayoral Nomination to the Parks and
Recreation Commission. (Mayor Gabriel)
6.Discussion - City Parks Hours of Operations for the Protection of City Property,
City Resources, and Residential Neighborhoods. (Administration)
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 - See item D.1.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2.Kenai Watershed Forum Thank you Letter
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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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_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019 - 45
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
FACILITY MANAGEMENT AGREEMENT WITH THE KENAI CHAMBER OF COMMERCE AND
VISITOR CENTER, INC., FOR THE OPERATION AND MANAGEMENT OF THE KENAI
VISITOR AND CULTURAL CENTER.
WHEREAS, the current contract extension for Facility Management Services at the Kenai Visitor
and Cultural Center with the Kenai Chamber of Commerce and Visitor Center, Inc. is due to expire
June 30, 2019; and,
WHEREAS, the award of this Agreement is in the amount of $_________ for a period of
___________ beginning July 1, 2019; and,
WHEREAS, the City of Kenai previously solicited competitive proposals from contractors to
provide quality management services and maintenance of the City’s permanent collection at the
Kenai Visitor and Cultural Center; and,
WHEREAS, the Kenai Chamber of Commerce and Visitor Center, Inc. has managed the Kenai
Visitor and Cultural Center since 2012 and desires to continue providing management services
to the community; and,
WHEREAS, the Kenai Chamber of Commerce and Visitor Center, Inc. was the only proposer for
management services; and,
WHEREAS, it is in the best interests of the City to enter into an Agreement with the Kenai
Chamber of Commerce and Visitor Center, Inc. for the operation and management of the Kenai
Visitor and Cultural Center.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council authorizes the City Manager to execute a Facility
Management Agreement with the Kenai Chamber of Commerce and Visitor Center, Inc., similar
to the attached agreement.
Section 2. That the compensation for the Facility Management Services shall not exceed
$___________. Sufficient funds have been budgeted.
Section 3. That this Resolution takes effect immediately upon adoption.
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Resolution No. 2019-45
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_____________________________________________________________________________________
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
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Kenai Visitor and Cultural Center Agreement
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AGREEMENT FOR FACILITY MANAGEMENT SERVICES
AT THE KENAI VISITOR AND CULTURAL CENTER FACILITY
THIS AGREEMENT is made this ____ day of _______________ 2019, by and
between the CITY OF KENAI (Owner), whose address is 210 Fidalgo Avenue, Kenai, AK
99611-7794, and Kenai Chamber of Commerce and Visitor Center, Inc. (Contractor),
whose address is 11471 Kenai Spur Highway, Kenai AK, 99611.
RECITALS:
Owner desires to retain the professional services of Contractor to manage the
Kenai Visitor and Cultural Center located at 11471 Kenai Spur Highway in the City of
Kenai.
Contractor is a professional in this area and specifically in the provision of visitor
services to the public and has the experience, skill, knowledge, and competence to
perform these services.
Owner wants to contract for the provision of these services by Contractor in order
to obtain best financial arrangements for the City and provide affordable and quality
experiences for its residents and Facility users. Contractor agrees to perform its services
under this Agreement with due diligence and due care and in a good and professional
manner.
Owner and Contractor therefore agree as follows:
1. Definitions. For this Agreement, the following definitions apply:
A. “Manager” means the Kenai City Manager or their designee as agent for
and on behalf of Kenai.
B. “Concession” means all sales or rentals of goods or services in the Facility,
including retail sales, the parts of the Facility where those sales or rentals are made, and
equipment or facilities in the Facility used for those sales or rentals.
C. “Contractor” shall mean Kenai Chamber of Commerce and Visitor Center,
Inc.
D. “Council” means the Kenai City Council.
E. “Facility” means the Kenai Visitor and Cultural Center located at 11471
Kenai Spur Highway in Kenai, Alaska.
F. “Management” or “management services” means performing all work to
operate and provide the services and reports required by this Agreement and all work
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necessary to support the Facility’s provision of service to the public, including but not
limited to, supervision of staff, supervision and control of participants using the Facility
and accessing any programs at the Facility, keeping the Facility in a clean and sanitary
condition, managing and maintaining displays of the permanent collection at the Facility,
scheduling use of the Facility, encouraging activities and programs at the Facility, and
charging City-approved fees and rent for portions of the Facility upon written consent, as
well as selling merchandise at the Facility.
G. “Owner” or “City” means the City of Kenai.
2. Term. The term of this Agreement shall begin on ______________ (date),
and end on ______________ (date). Neither party has any obligation to agree to extend
the initial term of this Agreement.
3. Compensation.
A. Owner shall pay Contractor a fee of $______________ per month for
management of the Facility for the term of this Agreement. Owner will pay the fee in equal
monthly installments, payable within fourteen (14) days after billing by Contractor. Any
compensation due for portions of a month for which services are provided by Contractor
will be pro-rated to a daily rate.
B. Except as may otherwise be stated in this Agreement, Owner will not
provide any additional compensation, payment, service, or other thing of value to
Contractor in connection with performance of its obligations under this Agreement.
Contractor’s overhead and other indirect or direct costs Contractor may incur in
performing its obligations under this Agreement have already been included in
computation of Contractor's fee and may not be separately charged to the Owner.
C. Subject to Appropriation. Contractor recognizes that compensation for its
management services require the Council to annually appropriate funds for payment of
the management services. The obligation of Owner to provide funding under this
Agreement is subject to the availability of funds lawfully appropriated for that purpose by
the Council. The termination of this Agreement due to fiscal necessity and/or non-
appropriation of funds by Owner shall not constitute a breach or default of Owner. In the
event of a non-appropriation of funds, Owner may terminate this Agreement under
Section 16(B), below, however termination shall not be subject to sixty (60) days’ notice.
Instead, Owner shall give reasonable advance notice of non-appropriation as soon as
practicable but in no case shall notice be less than ten days in advance of the effective
termination date.
4. Independent Contractor; No Agency. Contractor’s relationship with
Owner shall be that of an independent contractor with the authority to control and direct
the performance of the details of the management services that are the subject of this
Agreement. Nothing contained in this Agreement shall be construed to create an agency,
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partnership, joint venture, or employee-employer relationship between Owner and
Contractor. Contractor is not the agent of Owner and Contractor is not authorized to
make any representation, contract, or commitment on behalf of Owner.
5. Scope of Services—General Obligations of Contractor.
A. Operations. Contractor shall perform the management work and all services
on an as needed/scheduled basis as determined by Contractor (except where specifically
identified below).
B. Services. Contractor agrees to make the Facility available to community
user groups and/or organizations in order to serve the varied interests and needs of the
community.
C. Concessions. Contractor may provide, at its own expense, business,
educational, cultural, or other services to the general public that are not inconsistent with
this Agreement. Contractor shall have the exclusive right to operate concessions,
including retail sales, in the Facility. Contractor is responsible for defining said services
and coordinating all aspects of service offerings, whether required under this Agreement
or offered as an additional concession of Contractor.
D. Fees. Contractor may charge a fee approved by the City for use of the
Facility and/or for participation in any programs and/or services it provides unless
otherwise specified in this Agreement. Any fees charged by Contractor for any purpose
must not discourage public use of the Facility and should be consistent with fees charged
for similar services at other facilities.
E. Public Facility. The programs provided in the Facility must be generally
available to the public. Contractor may not restrict appropriate public participation at the
Facility and may not restrict public access for appropriate use of the Facility.
F. Employees. It is Contractor’s duty to train Contractor’s employees in order
to provide the management services. The management services shall be performed by
qualified, careful, and efficient employees in strict conformity with the best practices and
highest applicable standards. The manner in which these services are performed shall
be determined by Contractor. Contractor shall pay all salaries and expenses of, and pay
all federal social security taxes, federal and state unemployment taxes, and any similar
payroll taxes relating to, Contractor’s employees.
G. Permits, Licenses, and Certificates. Contractor shall obtain and maintain
all necessary licenses and permits; comply with the requirements of all permits; pay all
taxes lawfully imposed on Contractor’s business; and pay any other fee or charge
assessed under any applicable public statute, regulation, or ordinance. Said licensing
includes, but is not limited to, obtaining state and borough business licenses and tax
certificates, and, where applicable to Contractor, paying all taxes and filing all documents
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necessary to maintain Contractor’s status as a corporate entity in good standing in the
State of Alaska.
H. Taxes and Assessments. Contractor shall pay all taxes lawfully imposed
on its business, and pay any other fee or charge assessed under any applicable public
statute, regulation, or ordinance. Contractor shall collect and pay any and all gross
receipts, compensation, transaction, sales, use, payroll, or other taxes and assessments
of whatever nature and kind levied or assessed as a consequence of the work performed
or on the compensation paid to Contractor or to Contractor’s employees or contractors
under or arising out of this Agreement.
6. Scope of Services—Specific Performance Requirements.
A. Specific Activities Required. Unless Owner (as approved by the Council)
requests termination of a service, Contractor shall provide the following services at the
Facility on a regularly-scheduled basis:
Visitor Center Management:
a. The City provides non-exclusive access to the City-owned Kenai Visitor and
Cultural Center. Located at 11471 Kenai Spur Highway, the Facility was
constructed in 1992 and is approximately 9,340 square feet, including a
1,980-square-foot Cultural Exhibition Area, which houses the City’s
permanent collection of natural history objects, archeological material,
native artifacts and contemporary art. The Facility also includes a
conference room, reception, boardroom, two offices, loading area, copy
room, kitchen, storage, bathrooms and basement. The Contractor may
charge City-approved fees and rent for portions of the center upon written
consent, as well as sell merchandise at the Facility to defray costs
associated with Facility management. All fees and rents must be the same
for all users unless differentiated in the approved fee schedule.
b. The City provides maintenance, groundskeeping, snow removal, security
monitoring, and utilities (water, sewer, electrical, natural gas, and local
telephone services excluding long distance telephone charges, and internet
services) at no cost to the Contractor. The Contractor must keep the Facility
in a clean and sanitary condition and is responsible for janitorial services
and operating supplies. During the term of this Agreement, local telephone
service will not be provided by the Contractor until August 15, 2019.
c. The Contractor maintains adequate staffing during operating hours to
provide service to the public. As the first stop made by visitors to find
information about the Kenai area, the Contractor must provide information
on Kenai community and visitor programs, events, and exhibits in a friendly
and enthusiastic manner. The Contractor may not refer visitors to
businesses outside the City of Kenai when businesses in the City provide
the same or similar services regardless of Kenai Chamber of Commerce
and Visitor Center membership.
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d. The Contractor provides an agreed upon plan of operations for
management of the Kenai Visitor and Cultural Center Facility to include but
not be limited to proposed staffing, hours of operations, scheduling and
managing use of the Facility with high standards commensurate to a high-
visibility structure and to ensure operations run efficiently and maintain the
safety, appearance, and the efficient/effective use of the Facility to host
community and visitor programs, events, and exhibits without favoritism or
discrimination.
e. The Contractor manages, creates, and maintains displays of the City of
Kenai’s permanent collection of natural history objects, archeological
material, native artifacts and contemporary art and encourages use of the
Facility for events and exhibits that promote Kenai’s abundant natural
resources and diverse community and provides an inventory of all items in
the City’s collection.
f. The Contractor tracks and provides a monthly report on the number and
nature of visitors to the Center, Facility rentals, and participants at events
and exhibits.
B. Operating Hours; Calendar. Contractor will maintain daily and monthly
schedules of services and activities held at the Facility and shall provide public access to
this schedule. Contractor shall operate the Facility according to this published schedule.
Special events outside of normal operating hours need not be published.
C. Fee Schedule. Contractor shall develop and publish fee schedules for all
services, events, and activities conducted at the Facility and for all charges made to the
public for use of the Facility and its equipment. The fee schedule must be approved in
advance by the City Manager and may be subject to change by the Council.
D. Revenues. Contractor shall collect all revenues generated at the Facility
and shall use generally-accepted accounting principles and appropriate internal controls
for its accounting activities. Contractor agrees that Owner shall not be liable or
responsible for funding any deficits or delinquencies owed to Contractor other than the
payments required under Section 3 of this Agreement.
E. Repairs. Contractor bears the responsibility for the cost of repairs of the
structure or its internal components and equipment due to any damage or breakage
caused by the negligence or intentional act of the Contractor or of a client during operating
hours of the Facility.
F. Janitorial; Appearance. Contractor shall keep the Facility in a clean and
sanitary condition. Contractor shall pay for and provide all janitorial services and supplies
required to keep the Facility clean and presentable. Contractor shall not permit any
garbage or other refuse to accumulate in the Facility or on the grounds surrounding the
Facility.
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G. Security. Contractor will take all reasonable precautions to prevent
unauthorized entry into the Facility, including the placing of signs or other devices
intended to deter or restrict such entry. Contractor shall develop and follow policies and
procedures relating to issuing keys, handling cash and deposits, opening and closing,
and dealing with difficult patrons.
H. City Use. The City may use the Facility for City sponsored events at no
cost to the City. All City events shall be coordinated with Contractor so as not interfere
with prior scheduled services.
7. Contractor’s Reporting and Planning Requirements.
A. Operations Plan. Contractor shall provide Owner with an Operations Plan
on a timely basis. Contractor shall work with the City Manager’s office to ensure the
Operations Plan meets the requirements and expectations of Owner.
B. Facility Operating Budget. The Contractor will submit to Owner its
Operating Budget on a timely basis. The budget should include all projected and the prior
year’s actual operating and capital costs for the Facility, including a projected income and
expense statement and a projected end balance sheet. The budget must also include
detailed projections of revenues by category and source; operating expenses by
category; numbers served by category; and administrative and general expenses to
Contractor in managing the Facility.
C. Report. Contractor will submit to Owner a report identifying usage of the
Facility by program for the term of the Agreement. The report must include but not be
limited to actual staffing, hours of operations, scheduling and use of the Facility, rental
fees, number of visitors, an updated inventory of Owner’s equipment and furnishings
purchased, and a detailed description, including costs, for equipment needing to be
replaced. Contractor must submit the report on or before the end of the term of this
Agreement beginning _______________ (date).
8. Owner’s Obligations. Owner shall perform the following functions or
provide the following materials related to the Facility:
A. Operations and Maintenance Costs. Owner is responsible for maintenance
and repair of the Facility required by normal wear and tear. Owner will perform routine
maintenance on all incorporated systems in the Facility including fire suppression and
alarm systems, electrical systems, mechanical systems, plumbing systems, and HVAC.
Contractor must notify the City Manager, or designee about any Facility maintenance or
repair requirements in a manner as requested by Owner. This duty of Owner does not
extend to maintenance on a system required due to Contractor’s failure to properly
supervise and manage the Facility during business hours (for example, vandalism in the
Facility during schedule working hours).
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B. Utilities. Owner shall pay the following utility costs for the Facility: water,
sewer, electrical, natural gas, telephone and internet service (excluding long-distance,
conference call, and other extraordinary phone charges).
C. Snow Removal. Owner is responsible for snow removal from the parking
lot of the Facility as well as snow removal from all sidewalks around the building and
leading up to the building.
D. Groundskeeping. Owner shall maintain the grounds on the exterior of the
Facility, subject to Contractor’s obligation to keep the grounds of the Facility free of
garbage and refuse.
E. Equipment Replacement. Owner is responsible for the replacement of
Owner-owned equipment as necessary due to normal wear and tear of the equipment.
F. Insurance. Owner shall provide Broad-Form Property Damage Insurance
for the Facility.
9. Ownership of Equipment and Furnishings.
A. Owner recognizes that Contractor will from time-to-time purchase
equipment and furnishings to accomplish the work and provide the management services
required and the concessions allowed under this Agreement. Equipment and furnishings
purchased with Contractor funds shall be the sole property of Contractor. Equipment and
furnishings donated to Contractor shall be the sole property of Contractor. Contractor
shall provide Owner an updated list of Contractor property at the inception of this
Agreement and at such time asequipment or furnishings are acquired.
B. Equipment and furnishings purchased with Owner funds or with any funds
provided by grants from Owner shall be the sole property of Owner. Contractor will mark
and inventory this Owner property and provide Owner with a copy of the inventory with
reports required by this Agreement.
C. Prior to occupying the Facility, Contractor and Owner will conduct a
walkthrough to investigate conditions of the Facility and equipment inside the Facility.
10. Alterations and Renovations. Contractor may not make any alterations
or renovations to the Facility without the prior written consent of Owner. Contractor shall
provide Owner with an actual cost report within ten days of completion of any alteration
or renovation project.
11. Signs. Contractor may not place or erect poles, lights or devices on the
exterior of the Facility or the curtilage or on adjacent property without the prior written
consent of Owner.
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12. Fundraising. Fundraising using the name of, or on behalf of, the City of
Kenai or the Kenai Visitor and Cultural Center must be approved in advance in writing by
the City Manager.
13. Insurance.
A. Contractor shall, at Contractor’s own expense, secure and maintain the
following insurance:
i. Comprehensive general liability insurance, including premises, all
operations, property damage, personal injury and death, broad-form
contractual coverage with a per occurrence limit of not less than
$1,000,000 combined single limit;
ii. Worker's compensation insurance with coverage for all employees
engaged in work under this Agreement as required by AS 23.30.045
(Contractor is responsible for worker's compensation insurance for
any subcontractor who directly or indirectly provides services under
the Agreement); and,
iii. Comprehensive automobile liability insurance covering all owned,
hired, and non-owned vehicles with coverage limits not less than
$1,000,000 combined single limit per occurrence.
Where specific limits are stated, the limits are the minimum acceptable limits. If
Contractor’s insurance policy contains higher limits, Owner is entitled to coverage to the
extent of the higher limits.
B. All insurance required by this Section 13 shall meet the following additional
requirements:
i. For comprehensive general liability and automobile liability
insurance, name the City of Kenai as an additional insured;
ii. For worker’s compensation insurance, general liability, and
automobile liability insurance, where possible, include a waiver of
subrogation so that the insurer waives all rights of subrogation
against the City of Kenai for payments made under the policy;
iii. Provide Owner with at least thirty (30) days’ written notice before any
termination, cancellation, or material change in insurance coverage
is effective; and,
iv. Be issued by a company/corporation currently rated “A-” or better by
A.M. Best.
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C. Contractor shall submit to Owner proof of insurance coverage in the form of
insurance policies, certificates, endorsements, or a combination thereof, and signed by a
person authorized by the insurer to bind coverage on its behalf. The effective date of the
insurance will be no later than the first day of the term of this Agreement.
D. The indemnification and insurance coverage requirements stated in this
Section 13 and in Section 14 below do not relieve Contractor of any other obligation under
this Agreement.
E. Owner may increase the amount or revise the type of required insurance
upon written demand without requiring amendments to this Agreement. Owner will base
any increase or revision upon reasonable and justifiable grounds. Within two weeks of
the written demand, Contractor shall submit to Owner evidence of insurance coverage
that meets the requirements of Owner.
14. Indemnity, Defend, and Hold Harmless Agreement. Contractor shall
indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers
from claim, loss, damage, liability, including injury and death or expense in any way
related to any act or omission of Contractor or Contractor’s employees, agents, or invitees
arising out of Contractor’s performance of services under this Agreement, except to the
extent any negligence of Owner or its employees or agents is a proximate cause of any
injury or damage. If a third party asserts a claim against Contractor and Owner, Contractor
and Owner shall seek in good faith to achieve Agreement to an apportionment of fault as
between them without an independent of litigation. This provision shall survive expiration
or termination of this Agreement.
15. Notice of Accident, Injury, or Claims.
A. Each party shall give to the other prompt and timely written notice of any
claim made or suit instituted within its knowledge that in any way, directly or indirectly,
contingently or otherwise, affects or might affect the other party.
B. Contractor shall report all incidents of accident or injury promptly in writing
to the City Manager of Kenai.
16. Termination.
A. For Cause. If either party fails to perform any of the terms, conditions,
covenants, or obligations under this Agreement, the other party may terminate this
Agreement. As a condition of the exercise of the right of termination, the terminating party
must notify the other party in writing of its intent to terminate, stating with reasonable
specificity the reasons for termination for cause. Upon receiving this written notice, the
other party will have 30 calendar days to cure the default(s). If the other party fails to cure
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all defaults to the satisfaction of the other party within thirty (30) days, the party may
declare the Agreement terminated.
B. Termination for Convenience of the City. Owner may terminate this
Agreement at any time by giving written notice to Contractor of its intent to terminate.
Owner shall provide contractor with at least sixty (60) days’ advance notice of its election
to terminate for its convenience. All finished or unfinished documents, surveys, reports,
and/or other material prepared by Contractor under this Agreement are the property of
Owner and Contractor hereby agrees to peaceably return all such items to Owner by or
upon the effective date of termination and as may be further instructed by Owner.
Contractor shall be entitled to receive compensation for services rendered up to and
through the date of termination.
17. Duties Upon Termination.
A. Upon termination of this Agreement under Section 16(A), Owner may take
immediate possession of the Facility.
B. Upon termination of this Agreement under Section 16(B), including
termination due to non-appropriation of funds by the Council, there shall be a transition
period of not greater than sixty (60) days with regard to the removal of Contractor’s
property from the Facility. If Contractor fails to vacate upon expiration of the transition
period, the City may remove and store the property at Contractor’s expense or store the
equipment at the Facility and charge Contractor a reasonable storage fee.
C. Contractor shall deliver to the Manager all documents, records, work
products, materials and equipment of Owner requested by the Manager.
D. If Contractor’s services are terminated for any reason, Contractor’s claim
for compensation shall be limited to payments due based on a proportional number of
days it operated the Facility without prior compensation. Contributions in kind are not
eligible for reimbursement unless this contribution is directed toward approved,
appraisable improvement to the Facility. Upon termination, any alteration or renovation
to the Facility approved by Owner in writing, will be reimbursed at fair market value or
actual cost as reported to Owner (whichever is less) unless the parties have previously
otherwise agreed. If necessary, fair market value of such improvements will be
determined by a professional appraiser. The appraiser will be selected jointly by the
parties and the appraisal fee will be split equally.
18. Records and Right to Audit.
A. Contractor agrees to keep reliable accounting records and to prepare
financial statements in accordance with generally accepted accounting principles.
B. Contractor shall make available to Owner for audit, examination, and
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Kenai Visitor and Cultural Center Agreement
Page 11 of 15
copying, all of Contractor’s records with respect to all matters covered by this Agreement
continuing for a period ending six (6) years after the date of expiration or termination.
These records include, but are not limited to financial statements, ledgers, invoices,
inventories, reports, employment Agreements and other contracts related to Contractor’s
provision of services under this Agreement. Contractor shall make available for
examination all such records, and in such form as the City may reasonably require, at any
time during Owner’s normal business hours. Contractor shall make such records
available to Owner upon ten business days’ notice, except in the case of emergency
where Contractor shall make such records available immediately.
C. In performing audits and investigations, Owner shall not unduly interfere
with the ability of Contractor to perform its duties under this Agreement.
19. Right of Entry. Owner, its officers, employees, agents, and
representatives may enter the Facility during operating hours to make inspection of the
Facility and/or to perform maintenance activities. Owner will make reasonable attempts
to notify Contractor if it requires emergency entry after operating hours.
20. No Discrimination. Contractor shall not discriminate on the grounds of
race, color, religion, national origin, ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by federal or State law. Contractor recognizes the right of Owner to take any action
necessary to enforce this requirement.
21. Administration of this Agreement.
A. The Kenai City Manager is the representative of the City in administering
this Agreement.
B. Contractor is responsible for the direct supervision of Contractor’s
personnel through Contractor’s designated representative, and such representative shall
in turn be available at all reasonable times to confer with the Owner’s representative with
respect to the services. The designated representative for Contractor is
____________________________. In the event that Contractor’s representative is
unable to continue to serve as Contractor’s representative, Contractor shall appoint a
successor subject to a written approval of the Owner.
22. Notices. Any notice or communication required or permitted under this
Agreement shall be in writing, addressed to the appropriate party at the address given
below for the type of delivery, and given personally, by certified mail (return receipt
requested), or by electronic mail. Notice by facsimile will NOT be accepted. All notices
shall be effective upon the date of receipt, except if the notice or communication is
received after 5:00 p.m. on a business day, or on a day that is not a business day of the
receiving party, and then the notice or communication is deemed received at 8:00 a.m.
on the next business day.
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Kenai Visitor and Cultural Center Agreement
Page 12 of 15
Owner: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Attn: City Manager
Email: postrander@kenai.city
Contractor: Kenai Chamber of Commerce and Visitor Center, Inc.
11471 Kenai Spur Highway
Kenai, AK 99611
ATTN:
Email:
Either party may change its address for notice by giving notice as provided herein to the
other party.
23. Miscellaneous Provisions.
A. No Lease. This Agreement does not lease, rent, or otherwise convey any
land or interest in real property or in the Facility or personal property of Owner’s and in
the Facility to Contractor.
B. Compliance with Laws. In performing its obligations, Contractor will comply
with all laws, ordinances, and regulations of duly-constituted public authorities now or
later enacted.
C. Assignment and Subcontract. Contractor shall not assign, subcontract,
and/or transfer any right, obligation, or part of the services or work to be performed under
this Agreement without prior written approval of the Owner. Any such assignment or
transfer or subcontracting of services without the consent of Owner shall constitute a
default of Contractor.
D. Assumption of Risk. Contractor shall provide all proper safeguards and
assume all risks incurred in performing the services.
E. No Waiver. If Owner does not insist in any one or more instances on the
strict performance by Contractor of any requirement under this Agreement, it is not a
waiver or relinquishment for the future, but the requirement will continue in full force. An
Owner waiver of any provision or requirement in this Agreement cannot be enforced nor
relied on unless the waiver is in writing and signed on behalf of Owner.
F. Integration and Modification. This Agreement contains the entire
Agreement of the parties. All negotiations, statements, representations, warranties, and
assurances, whether oral or written, which are in any way related to the subject matter of
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Kenai Visitor and Cultural Center Agreement
Page 13 of 15
this Agreement or the performance of either party, are merged and integrated into this
Agreement. This Agreement may not be modified except in writing signed by both parties.
G. Applicable Law/Venue. In any dispute between the parties, the laws of the
State of Alaska shall govern. If any such dispute results in a lawsuit, the parties will bring
the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai.
H. Attorney’s Fees and Costs. In the event that either party is in default in the
performance of any of its obligations under this Agreement and any legal proceeding
including arbitration is brought, the defaulting party shall pay to the other all actual costs
and all expenses incurred in the action, including actual, reasonable attorney's fees.
I. Remedies. No right or remedy here conferred upon or reserved to either
party is intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given, or now
or later existing at law or in equity or by statute.
J. Rules of Interpretation. Headings of Sections are solely for convenience of
reference and shall not affect meaning, construction, or effect of this Agreement. Unless
the context otherwise indicates, words expressed in the singular shall include the plural
and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine,
or feminine gender shall include the others as well.
K. Computation of Time. If any due date for a report or notice required under
this Agreement falls on a weekend or on a City of Kenai holiday, the report or notice will
be timely if filed with Owner on the next regular business day.
L. Validity of Parts. If any term, condition, or provision of this Agreement is
declared void or unenforceable, or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
M. Authority. Contractor represents that Contractor has read this Agreement
and Contractor agrees to be bound by its terms and conditions and that the person signing
this Agreement is duly authorized to bind Contractor.
N. Effective Date. This Agreement is effective upon the latter signature of all
parties and approval by the Kenai City Council.
The parties have caused this Agreement to be executed in their respective names or by
their duly authorized representatives.
CITY OF KENAI CONTRACTOR
By: By:
Paul Ostrander Date ______________________ Date
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Kenai Visitor and Cultural Center Agreement
Page 14 of 15
Its: City Manager Its: ___________________
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of ______, 2019, by
Paul Ostrander, City Manager of the City of Kenai, an Alaska municipal corporation, on
behalf of the City.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by _____________________________, __________________________ (Title) of
Kenai Chamber of Commerce and Visitor Center, Inc. an Alaska corporation, on behalf
of the corporation.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
ATTEST:
__________________________
City Clerk
SEAL:
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Kenai Visitor and Cultural Center Agreement
Page 15 of 15
APPROVED AS TO FORM:
__________________________
Scott Bloom, City Attorney
Page 21
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 25, 2019
SUBJECT: Resolution No. 2019 – 45 – Facility Management Agreement for the
Kenai Visitor and Cultural Center
____________________________________________________________________________
The purpose of this memorandum is to recommend to Council the approval of a Facility
Management Agreement with the Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVC)
for the operation and management of the Kenai Visitor and Cultural Center facility.
Competitive proposals were previously solicited for management services and/or Kenai tourism
and marketing services on March 1, 2019; the City received one responsible proposal for tourism
and marketing and no proposals for management services. The City solicited for management
services again on April 26, 2019, and the KCCVC submitted the only proposal. The current
contract extension expires June 30, 2019.
The KCCVC has managed the Kenai Visitor and Cultural Center since 2012 and has expressed
an interest in continuing to provide Facility Management services at the facility. The City entered
into negotiations on the cost component of the management services with the KCCVC on June
3, 2019. Negotiations continue and several options are being considered. The first option would
be continued management of the Facility by the KCCVC for fiscal year 2020 under a new
agreement. The second option would shift management of the Facility to the City utilizing a
stepped approach where the KCCVC would continue to manage the Facility for an agreed-upon
number of months to ensure a smooth transition as they relocate to their former location at the
Moose Meat John Cabin.
This resolution was submitted in blank form to allow for continued negotiations on both the amount
of the contract and the term (to provide for a one-year or multiple-month agreement).
Administration will provide additional information on the amount and the term as a result of
continued negotiations as a laydown at the July 3, 2019, City Council Meeting.
Thank you for your consideration.
Page 22
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019 - 46
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SELECTING DIVINING
POINT, LLC, FOR CITY OF KENAI TOURISM AND MARKETING SERVICES.
WHEREAS, the City solicited competitive proposals for Kenai Visitor Center Management
Services and/or Kenai Tourism and Marketing Services to promote Kenai; and,
WHEREAS, Divining Point, LLC, was the only proposer for Kenai Tourism and Marketing
Services; and,
WHEREAS, Administration recommends retaining Divining Point, LLC, to provide Tourism and
Marketing Services for the City for three years beginning July 1, 2019; and,
WHEREAS, each individual tourism and marketing project will be negotiated separately with
Divining Point, LLC within budgeted amounts and no minimum quantity of work is guaranteed;
and,
WHEREAS, it is in the best interest of the City to select Divining Point, LLC, to provide Tourism
and Marketing Services for the City for a three year term with the option to extend for two
successive one-year terms by mutual consent of the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council authorizes the City Manager to execute a term
agreement with Divining Point, LLC, to provide Tourism and Marketing Services to the City for
three years beginning July 1, 2019 with the option to extend for two successive one-year terms
by mutual consent of the parties at the discretion of the City Manager. Each project shall be
negotiated separately with Divining Point, LLC, within budgeted amounts and no minimum
quantity of work is guaranteed.
Section 2. That this Resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 23
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 25, 2019
SUBJECT: Resolution No. 2019 – 46 – Tourism and Marketing Services
____________________________________________________________________________
The purpose of this memorandum is to recommend Council approve the selection of Divining
Point, LLC, for City of Kenai Tourism and Marketing Services.
Competitive bid proposals were previously solicited for management services and/or Kenai
tourism and marketing services on March 1, 2019 and the City received one responsible proposal
for tourism and marketing services from Divining Point, LLC, and no proposals for management
services.
The City entered into negotiations for tourism and marketing services on April 24, 2019 and
discussed a term agreement to provide Tourism and Marketing Services to the City for three years
beginning July 1, 2019 with the option to extend for two successive one-year terms by mutual
consent of the parties. Each project shall be negotiated separately with Divining Point, LLC, within
budgeted amounts and no minimum quantity of work is guaranteed.
Thank you for your consideration.
Page 24
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Suggested by: Council Member Knackstedt
and Vice Mayor Navarre
CITY OF KENAI
RESOLUTION NO. 2019-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR
ELECTION OF OCTOBER 1, 2019, THE QUESTION OF AMENDING ARTICLE 10, ELECTIONS,
OF THE CHARTER OF THE CITY OF KENAI TO PROVIDE DESIGNATED SEATS FOR EACH
COUNCIL POSITION AND ALLOW QUALIFIED VOTERS TO VOTE IN AN ELECTION FOR A
CANDIDATE FOR EACH SEAT.
WHEREAS, Article 10 Elections, of the Charter of the City of Kenai provides for council members
to be elected at large without designated seats; and,
WHEREAS, under the current process, in addition to voting for a candidate for mayor, each voter
is entitled to vote for two candidates for council from the pool of candidates, or write in a person
whose name does not appear on the ballot; and,
WHEREAS, this process entails that essentially all candidates for council are running against
each other; and,
WHEREAS, changing to a system where each council position has a designated seat and
allowing voters to vote for one candidate for each seat may encourage more candidates to run
because candidates can choose a seat to run for and avoid running against certain other
candidates running for different seats.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters of the City
of Kenai at the October 1, 2019 regular election in substantially the same form as set out hereafter:
PROPOSITION No. X
Elections
Shall Title 10, Elections, of the Charter of the City of Kenai be amended to provide for designated
seats for each council member position and allow qualified voters to vote for one candidate for
each seat up for election, as opposed to the current process in which all candidates run against
each other for the available council positions and qualified voters may vote for up to two
candidates.
PROPOSITION YES
[A Yes vote will amend the City’s Charter as described above]
Page 25
Resolution No. 2019-47
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
NO
[A No vote will defeat the amendment described above]
Section 2: That following the October 1, 2019 regular election, if the voters approve the
proposition in substantially the same form as set out above, the following charter amendments
would become effective:
Section 10-2. Three-Year terms-Election at large-Nonpartisan Elections.
(a) At the regular election in 1965, and at the regular election held every three (3)
years thereafter, a Mayor shall be elected. At every regular election after this Charter goes
into effect, two (2) Councilmembers shall be elected.
(b) The Mayor and the other Councilmembers shall be elected for overlapping terms
of three (3) years, and shall serve thereafter until their respective successors are elected
and qualify.[; PROVIDED THAT, IF ONLY ONE COUNCILMEMBER IS ELECTED AND
QUALIFIES IN ANY YEAR (BECAUSE OF FAILURE OF OTHER CANDIDATES TO FILE
OR FOR OTHER CAUSE), THEN LOTS SHALL BE CAST IN A MEETING OF THE
COUNCIL AND UNDER ITS DIRECTION TO DETERMINE WHICH OF THE TWO (2)
COUNCILMEMBERS WHOSE TERMS ARE ABOUT TO EXPIRE SHALL CONTINUE TO
SERVE; AND PROVIDED FURTHER THAT, IF (BECAUSE OF A VACANCY) THERE IS
ONLY ONE COUNCILMEMBER WHOSE TERM IS ABOUT TO EXPIRE, THE
COUNCILMEMBER SHALL CONTINUE TO SERVE IN SUCH CASE.]
(c) The terms of office of the Mayor and other Councilmembers shall begin at the time
prescribed for the second regular Council meeting after their election. If the Mayor-elect
or a Councilmember-elect fails to qualify within one month after the beginning of the term,
election of the Councilmember shall be void, and the Council shall fill the vacancy.
(d) The Mayor and other Councilmembers shall be elected at large, with
Councilmembers elected to a seat designated as A, B, C, D, E or F, by the qualified voters
of the entire City, by secret ballot. The election shall be nonpartisan, and no party
designation or emblem shall be placed on the ballot.
Section 10-3. Filing.
Any qualified person may have their name placed on the ballot for the election as
a candidate for Mayor or Councilmember for a council seat by filing, with the City Clerk at
times and pursuant to procedures provided by ordinance, a sworn statement of their
candidacy provided that such sworn statement shall be accompanied by a nominating
petition signed by 20 or more registered qualified City voters.
Section 10-4. Voting – Who Elected.
(a) Every qualified voter of the City shall be entitled to vote for one candidate for Mayor
and for one candidate for each council seat [TWO CANDIDATES FOR
COUNCILMEMBER. ON THE BALLOTS BETWEEN THE TITLE OF THE OFFICE AND
THE NAMES OF THE CANDIDATES, SHALL BE PLACED THE INSTRUCTION “VOTE
Page 26
Resolution No. 2019-47
Page 3 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
FOR ONE” OR “VOTE FOR TWO,” AS THE CASE MAY BE.] A voter may also write in
the name of, and vote for, a person whose name does not appear on the ballot for any
designated council seat or for Mayor.
(b) The candidate for Mayor receiving the greatest number of votes shall be elected.
The [TWO (2)] candidate[S] for each council[MEMBER] seat receiving the greatest
number of votes shall be elected. In case of failure to elect because of a tie, the election
shall be determined fairly by lot from among the candidates tying, in a meeting of the
Council and under its direction.
Section 10-5. Filling Vacancies at Elections, etc.
When a Mayor and/or Councilmember or Councilmembers are being elected to fill a
vacancy or vacancies for the unexpired term or terms, the provisions of this Charter shall
apply as in the election of a Mayor and/or Councilmembers for regular terms, insofar as
applicable. The phrases “for one-year term,” “For two-year term,” and/or “For three-year
term,” as the case may be, shall be placed after the titles of the offices on the ballot as
necessary to identify the places on the Council being filled at such election. [THE
INSTRUCTION “VOTE FOR ONE” OR “VOTE FOR TWO” SHALL BE PLACED ABOVE
THE NAMES OF THE CANDIDATES, DEPENDING ON WHETHER ONE OR TWO ARE
TO BE ELECTED IN THE CATEGORY.]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July 2019.
___________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 27
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Council Members Knackstedt and Vice Mayor Navarre
DATE: June 26, 2019
SUBJECT: Resolution No. 2019-47
Adoption of this Resolution will put forth the question to the voters regarding identifying individual
seats for the City Council members. Having identified seats would provide a person the
opportunity to run for a particular seat and against a particular person and alleviate the potential
concern of running with the goal of receiving the highest number of votes and unintentionally
ousting a Council Member.
If ratified by the voters. An ordinance would be adopted to identify seats based on term ending
dates.
Your consideration is appreciated.
Page 28
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Suggested by: Council Member Knackstedt
and Vice Mayor Navarre
CITY OF KENAI
RESOLUTION NO. 2019-48
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR
ELECTION OF OCTOBER 1, 2019, THE QUESTION OF AMENDING SECTION 10-3 FILING,
TO REMOVE THE REQUIREMENT THAT CANDIDATES FOR MAYOR AND COUNCIL
PROVIDE A PETITION SIGNED BY TWENTY OR MORE REGISTERED VOTERS.
WHEREAS, City Charter Section 10-3 Filing, requires that a candidate for mayor or council submit
a petition signed by twenty or more registered qualified City voters; and,
WHEREAS, it is in the City’s best interest to eliminate the petition requirement for candidacy as
requiring a candidate to submit a petition with signatures of twenty or more voters merely presents
an inconvenience to candidates and creates administrative work for the City without any real
benefit to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters of the City
of Kenai at the October 1, 2019 regular election in substantially the same form as set out hereafter:
PROPOSITION No. X
Filing
Shall Section 10-3, Filing, of the Charter of the City of Kenai be amended to eliminate the
requirement that person running for Mayor or City Council submit a nominating petition signed by
20 or more registered City Voters.
PROPOSITION YES
[A Yes vote will amend the City Charter as described above]
NO
[A No vote will defeat the amendment described above]
Section 2: That following the October 1, 2019 regular election, if the voters approve the
proposition in substantially the same form as set out above, the following charter amendments
would become effective:
Page 29
Resolution No. 2019-48
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 10-3. Filing, of the Charter of the City of Kenai
Any qualified person may have their name placed on the ballot for the election as a
candidate for Mayor or Councilmember by filing, with the City Clerk at times and pursuant
to procedures provided by ordinance, a sworn statement of their candidacy [;PROVIDED
THAT SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A NOMINATING
PETITION SIGNED BY 20 OR MORE REGISTERED QUALIFIED CITY VOTERS].
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July 2019.
___________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 30
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Council Members Knackstedt and Vice Mayor Navarre
DATE: June 26, 2019
SUBJECT: Resolution No. 2019-48
Adoption of this Resolution will put forth the question to the voters the question of eliminating the
requirement for a petition signed by twenty or more registered voters when running for City
Council or Mayor. This requirement was included by the Charter Commission in 1964 and, since
that time, most communities in Alaska have gone away from the practice. Additionally, removal
of the requirement would save staff time in verifying the signatures on the multiple petitions
typically submitted.
Your consideration is appreciated.
Page 31
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Suggested by: Vice Mayor Navarre
CITY OF KENAI
RESOLUTION NO. 2019-49
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI, AT THE REGULAR
ELECTION OF OCTOBER 1, 2019, THE QUESTION OF AMENDING SECTION 10-2 THREE-
YEAR TERMS – ELECTION AT LARGE – NONPARTISAN ELECTIONS, TO PROVIDE THAT
THE TERMS OF OFFICE OF THE MAYOR AND OTHER COUNCILMEMBERS SHALL BEGIN
THE MONDAY FOLLOWING CERTIFICATION OF THE ELECTION.
WHEREAS, City Charter Section 10-2 Three-Year Terms – Election at Large – Nonpartisan
Elections, requires the term of office of the Mayor and other Councilmembers begin at the time
prescribed for the second regular Council meeting after their election; and,
WHEREAS, the second regular Council meeting after the election is the meeting in which the
election is certified which causes Councilmembers that may have been voted out of office or
Councilmembers that chose to no longer serve, to attend the second meeting after the election
just long enough to certify the election, at which point, the newly elected Councilmembers are
sworn in and finish the meeting; and,
WHEREAS, it is in the City’s best interest to provide that the terms of office of the Mayor and
other Councilmembers begin the Monday following certification of the election.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters of the City
of Kenai at the October 1, 2019 regular election in substantially the same form as set out hereafter:
PROPOSITION No. X
Three-year terms – Election at large – Nonpartisan Elections
Shall Section 10-2, Three-year terms – Election at Large – Nonpartisan Elections, of the Charter
of the City of Kenai be amended to provide that the terms of office of the Mayor and other
Councilmembers begin the Monday following certification of the election instead of at the second
regular meeting of the council after their election.
PROPOSITION YES
[A Yes vote will amend the City Charter as described above]
NO
[A No vote will defeat the amendment described above]
Page 32
Resolution No. 2019-49
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2: That following the October 1, 2019 regular election, if the voters approve the
proposition in substantially the same form as set out above, the following charter amendments
would become effective:
Section 10-2 Three-year terms – Election at large – Nonpartisan Elections, of the
Charter of the City of Kenai
The terms of office of the Mayor and other Councilmembers shall begin [AT THE TIME
PRESCRIBED FOR THE SECOND REGULAR COUNCIL MEETING AFTER THEIR
ELECTION] the Monday following certification of the election. If the Mayor-elect or a
Councilmember-elect fails to qualify within one month after the beginning of the term,
election of the Councilmember shall be void, and the Council shall fill the vacancy.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July 2019.
___________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 33
MEMORANDUM
TO: Mayor Gabriel and Kenai City Council
FROM: Vice Mayor Navarre
DATE: June 26, 2019
SUBJECT: Resolution No. 2019-49
Adoption of this Resolution would put forth the question to the voters regarding amending the
beginning of the terms for the Mayor and Council Members from the second regular meeting after
their election, which is the meeting in which the election is certified, to the Monday following the
certification of the election. This allows the Council that was in place during the election to certify
the election and to finish out that meeting, clearly defines the beginning of a term on a day that is
not a Council Meeting, and eliminates the confusion caused by the changing of the Council at the
beginning of the second meeting after an election.
Your consideration is appreciated.
Page 34
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING AN
AGREEMENT FOR THE PURCHASE OF SECURITY CAMERAS AND SOFTWARE FOR THE
PUBLIC SAFETY BUILDING SECURITY CAMERA PROJECT.
WHEREAS, the City issued a formal Invitation to Bid for Security Cameras and Software for the
Public Safety Building on June 18, 2019 with the following Bids Received on June 25, 2019,
BIDDERS BASE BID TOTAL
Alcan Electrical & Engineering $38,514
Siemens $42,484
; and,
WHEREAS, Alcan Electrical & Engineering was found to be the lowest responsive bidder; and,
WHEREAS, the recommendation from City Administration is to award an Agreement to Alcan
Electrical & Engineering for $38,514; and,
WHEREAS, purchase includes Security Cameras and associated software; and,
WHEREAS, the City was awarded $65,000 for the entire camera project from the State of Alaska
Department of Military and Veterans’ affairs, and the purchase of these cameras and software
are a portion of that project; and,
WHEREAS, sufficient funds have been appropriated for this purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
Section 1. That the Agreement for the project entitled “2019 Kenai Police Department
Security Cameras” be awarded to Alcan Electrical & Engineering for the total cost of $38,514.
Section 2. That this resolution take effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
BRIAN GABRIEL SR., MAYOR
Page 35
Resolution No. 2019 - 50
Page 2 of 2
ATTEST:
______________________________________
Jamie Heinz, City Clerk
Approved by Finance:
Page 36
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 25, 2019
SUBJECT: Resolution No. 2019–50 Public Safety Building Security Camera Project
____________________________________________________________________________
The purpose of this memorandum is to recommend awarding an agreement to Alcan Electrical &
Engineering for purchase of security cameras and software.
The City advertised for bids through the Anchorage Daily News and the City of Kenai Website.
The following bids were opened on June 25, 2019:
BIDDERS BASE BID TOTAL
Alcan Electrical & Engineering $38,514
Siemens $42,484
The purchase includes security cameras and associated software.
Funds for this project are from a grant through the State of Alaska Department of Military and
Veterans’ affairs. There are sufficient grant funds remaining for the purchase.
Council’s approval is respectfully requested.
Page 37
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-51
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING AN
AGREEMENT TO FURNISH AND DELIVER CHEMICALS FOR THE WASTEWATER
TREATMENT PLANT AND WATER TREATMENT FACILITY.
WHEREAS, the City solicited bids to furnish and deliver chemicals to the Wastewater Treatment
Plant and Water Treatment Facility and the following bids were received on June 25, 2019;
and,
WHEREAS, the term of this agreement is July 1, 2019 through June 30, 2020; and,
WHEREAS, the recommendation from the City Administration is to award the agreement to Univar
USA, Inc.; and,
WHEREAS, the City of Kenai has determined that Univar USA, Inc.’s bid is a responsive bid and
award to this bidder would be in the best interest of the City; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Agreement for the project entitled “2019 Chemicals Bid” be awarded to
Univar USA, Inc. for the total approximate cost of $93,783.40.
Section 2. That this resolution takes effect immediately upon passage.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
__________________________________
BRIAN GABRIEL, SR., MAYOR
Wastewater Treatment Plant Water Treatment Facility
Bidders
Sodium
Bisulfite
Sodium
Hypochlorite
Hydrated
Lime Sodium Hypochlorite
Brenntag Pacific,
Inc. $ 22,737.00 $65,828.70 $11,453.75 $48,762.00
Univar USA, Inc. $14,416.00 $41,580.00 $6,987.40 $30,800.00
Page 38
Resolution No. 2019-51
Page 2 of 2
_____________________________________________________________________________________
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance:
Page 39
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Randy Parrish, Acting Public Works Director
DATE: June 26, 2019
SUBJECT: Resolution No. 2019 – 51 Awarding Agreement to Furnish and Deliver
Chemicals
____________________________________________________________________________
The purpose of this memorandum is to recommend awarding an Agreement to Univar USA, Inc.
for 2019 Chemicals Bid during FY20.
The City advertised for bids through the Anchorage Daily News, Peninsula Clarion, and the City
of Kenai Website. The following bids were opened on June 25, 2019.
The scope of work includes furnishing and delivering Sodium Bisulfite, Sodium Hypochlorite, and
Mississippi Standard Hydrated Lime to Wastewater Treatment Plant at 600 S. Spruce Street and
Sodium Hypochlorite to the Water Treatment Facility at 420 Shotgun Drive.
Wastewater Treatment Plant
Water Treatment Facility
Bidders
Sodium
Bisulfite
Sodium
Hypochlorite
Mississippi
Standard
Hydrated Lime Sodium Hypochlorite
Brenntag
Pacific, Inc. $ 22,737.00 $65,828.70 $11,453.75 $48,762.00
Univar USA,
Inc. $14,416.00 $41,580.00 $6,987.40 $30,800.00
Page 40
Page 2 of 2
Resolution No. 2019-51
Bidders were also provided an opportunity to bid on Calcium Chloride for the Streets Department.
Bids solely for Calcium Chloride were allowed. Along with the other two bidders, North Star
Supply bid just on Calcium Chloride. Based on the bids received, Administration determined it is
not in the best interest of the City to make the purchase at this time and intends to pursue the
acquisition of Calcium Chloride in late winter of 2020.
Thank you for your support on this Resolution.
Page 41
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-52
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS
COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO ELIMINATE THE
AMBULANCE FEE FOR PATIENT TREATMENT WITHOUT TRANSPORT.
WHEREAS, the City’s Charity Care Policy relies on Central Peninsula Hospital to determine a
patients ability to pay; and,
WHEREAS, because patients who are not transported to the hospital are likely to not have a
determination on their ability to pay; and,
WHEREAS, without an ability to pay determination, patients who do not have the ability to pay
could be subjected to collection procedures; and,
WHEREAS, postponing the implementation of a fee for treatment without transport until a viable
charity care methodology is developed is in the best interest of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. 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 $450.00 BLS Emergency $575.00 ALS I (advanced life support) $700.00 ALS II $875.00 [TREATMENT WITH NO TRANSPORT $250.00] Mileage per mile $14.00
Page 42
Resolution No. 2019-34
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. That this resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 43
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 26, 2019
SUBJECT: Resolution No. 2019 – 52
____________________________________________________________________________
The purpose of this memo is to recommend adoption of Resolution 2019-52 amending the City’s
Comprehensive Schedule of Rates, Charges, and Fees to eliminate the ambulance fee for
treatment of patients without transporting the patient to Central Peninsula Hospital. This fee was
proposed as part of the FY2020 Budget and is projected to generate $15,404 based upon FY2018
run data. The fee is ineligible for reimbursement by Medicare and only 14%, estimated at $3,300,
is recoverable from $23,580 in Medicaid billing. The remaining $12,104 is projected to be
collected from private pay and privately insured patients.
The City has adopted a Charity Care Policy to reduce or eliminate the fees charged for ambulance
service for those with limited or no ability to pay. The City matches the percentage of bill waiver
granted by Central Peninsula Hospital (CPH) to patients transported by the Kenai Fire
Department. CPH’s Charity Care Policy is based on a financial analysis of a patient’s ability to
pay. The process not only looks at the patient’s income but also at the patient’s assets and credit
history for this determination. It is a complex process requiring substantial documentation from
the patient and staff resources to complete. The process would also require the City to collect
and maintain personal protected information (PPI) from individuals which would likely require new
network security requirements to insure patient PPI is protected and secure.
Considering the inability to provide charity care using the City’s existing policy, the costs and
complexity of amending the City’s Charity Care Policy, and the limited revenue that will be
generated, the Administration recommends and respectfully requests your support for Resolution
2019-52 that will eliminate the ambulance fee for treatment of patients who are not transported to
Central Peninsula Hospital.
Page 44
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2019-53
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A ONE-YEAR AGREEMENT WITH THE CITY OF
SOLDOTNA TO PROVIDE ANIMAL SHELTER SERVICES FOR THE CITY OF SOLDOTNA AT
THE KENAI ANIMAL SHELTER.
WHEREAS, the City of Kenai provides animal control services within the City and operates the
Kenai Animal Shelter, providing the sheltering of animals from both the City of Kenai and areas
around the City within the Kenai Peninsula Borough; and,
WHEREAS, the mission of Kenai Animal Control is to provide humane care and shelter to all
animals housed at the Kenai Animal Shelter, and to fairly enforce the City’s code of animal
ordinances throughout the City of Kenai; and,
WHEREAS, the number of animals received by the Soldotna Animal Shelter has declined
significantly during recent years, with just over 100 animals housed during calendar year 2018;
and,
WHEREAS, the City of Soldotna wishes to close their animal shelter and utilize the Kenai Animal
Shelter for sheltering services for their animals; and,
WHEREAS, the number of animals received by the Kenai Animal Shelter has also declined, with
1072 animals received in 2014 and only 829 animals during calendar year 2018, creating the
capacity to accept additional animals; and,
WHEREAS, consolidating animal shelter services in Kenai will improve consistency across
jurisdictional boundaries, enable more cost-effective animal services by utilizing economies of
scale, and improve ease of access for the public by providing a single location for shelter services
in the central Kenai Peninsula.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is hereby authorized to enter into a one-year agreement
with the City of Soldotna for the contracting out of animal shelter services at the Kenai Animal
Shelter.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2019.
__________________________________
BRIAN GABRIEL, SR., MAYOR
Page 45
Resolution No. 2019-53
Page 2 of 2
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 46
Agreement For Professional Services
Page 1 of 6
AGREEMENT FOR ANIMAL CONTROL SHELTER SERVICES
THIS AGREEMENT is entered into this ___ day of July, 2019, by and between the
CITY OF KENAI (“Kenai”) and the CITY OF SOLDOTNA (“City”).
WHEREAS, the provision of animal control, sheltering and licensing services protects
public health and safety and promotes animal welfare; and
WHEREAS, providing such services on a regional basis allows for enhanced
coordination and tracking of public and animal health issues, consistency of regulatory approach
across jurisdictional boundaries, economies of scale, and ease of access for the public; and
WHEREAS, the Cities of Kenai and Soldotna desire to partner, in making regional
animal shelter services work effectively.
NOW THEREFORE, for good and valuable consideration, the receipt whereof is hereby
acknowledged, Kenai and City agree as follows:
1. Term. The term of this Agreement shall be from July 5, 2019 through and
including June 30, 2020, unless terminated earlier in accordance with the terms of this
Agreement. On or before March 1, 2020, each party shall notify the other party whether they
wish to extend the term with or without amendments.
2. Services Provided. Kenai shall perform/provide the following services in
accordance with the provisions of this Agreement:
a. Shelter Services. Kenai shall provide shelter services for animals; 1) impounded by
City; 2) owned or in the custody of City residents who voluntarily relinquish custody; 3)
taken into custody by members of the public within City boundaries; or 4) ordered
quarantined at the animal shelter by City (collectively “Soldotna Animals”). Shelter
Services include the general care, cleaning and nourishment of owner-released, lost or
stray dogs, cats and other animals at the Kenai Animal Shelter (the “Shelter”) located at
510 N. Willow Street in Kenai. The Shelter shall generally be open to the public not less
than 30 hours per week, and not less than 5 days per week excluding holidays, for
purposes of pet redemption, adoption, license sales services and pet surrenders subject to
staffing issues, maintenance and unforeseen events.
In accordance with Kenai’s ordinances, policies and procedures, and subject to the
provisions of Section 3 of this Agreement (Appeal), the following services shall be
provided under this Agreement:
i. exercise, care and feeding, and reasonable medical attention for Soldotna Animals
impounded at the Shelter;
ii. provide for and manage adoptions and related activities leading to the placement
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Agreement For Professional Services
Page 2 of 6
of animals in appropriate homes.
iii. Kenai shall provide euthanasia services.
iv. Kenai shall provide for the quarantine of animals.
v. Kenai shall provide the Soldotna Chief of Police a key and alarm code to the
Shelter and allow City after hours access to the Shelter for the limited purpose of
impounding or quarantining Soldotna Animals when the Shelter is not open to the
public. Only Soldotna employees that have received an orientation on after hours
drop off procedures by Kenai staff may have access to the Shelter Key and alarm
code. Soldotna employees must follow after hours drop off procedures.
b. Licensing Services. Kenai shall provide for the sale of City of Soldotna pet licenses,
available to the public in person, at the Kenai Shelter during regular business hours.
Kenai may collect and retain the City’s animal licensing fee for each Soldotna Animal
licensed by Kenai. Soldotna licenses shall be provided to Kenai by the City of Soldotna.
c. Record Keeping and Reporting. Kenai will keep appropriate records of Soldotna
Animals, and will provide the City with an electronic report not less than quarterly
summarizing data for Soldotna Animals impounded at the Kenai Animal Shelter. Kenai
will maintain a database and will provide current pet license data files (or otherwise
provide shared electronic access to such files) upon request of the City. Data files will
include pets owned, owners, addresses, phone numbers, E-mail addresses, violations,
license renewal status, and any other relevant or useful data maintained in the Kenai’s
database on licensed Soldotna Animals. Soldotna will provide Kenai records of licenses
sold by Soldotna.
3. Appeal. Kenai shall conduct administrative appeals related to impoundment or
quarantining of Soldotna Animals in accordance with the Kenai administrative appeals
procedure, whereby persons who own an impounded or quarantined animal may be able to
request a hearing to determine whether the animal was lawfully impounded and/or if the animal
was lawfully withheld from redemption or disposed of except appeals challenging the decision of
a City of Soldotna employee to impound or quarantine a Soldotna Animal (“Soldotna Appeals”).
Soldotna Appeals shall be conducted by the City of Soldotna in accordance with the City of
Soldotna administrative appeals procedure.
4. Time of Performance. Kenai shall commence performance on July 5, 2019 and
complete performance June 30, 2020. The time for completion of performance may be extended
by mutual written agreement of City and Kenai.
5. Compensation. City shall pay Kenai as compensation for the services rendered
under this Agreement, a lump sum of Forty-Two-Thousand Dollars ($42,000.00). Should more
than one hundred fifty animals be placed with Kenai by City during the initial term, Kenai shall
be paid an additional sum of Three Hundred Eighty Four Dollars per animal ($384/animal)
(“Surcharge”). The amounts payable to Kenai shall not exceed the sums identified in this
Page 48
Agreement For Professional Services
Page 3 of 6
paragraph without the prior written approval of the City.
City agrees to make quarterly payments of ten thousand five hundred dollars ($10,500), payable
on July 15, October 15, January 15, and April 15. Quarterly payments and any Surcharge due to
Kenai shall be payable, provided Kenai submits a proper invoice for each billing, in such form
accompanied by such evidence in support thereof as may be reasonably required by the City.
All invoices are otherwise due and payable within thirty (30) days of receipt by City.
6. Shelter and Licensing Fees. Kenai may collect applicable fees in accordance
with Kenai’s ordinances, policies and procedures and may collect applicable Soldotna licensing
fees (collectively “Kenai Fees”). Kenai may retain all Kenai Fees. Under no circumstances
may Kenai collect Kenai Fees from City.
7. Services Supplied by City. City shall:
a. transport impounded Soldotna Animals to and from the Shelter.
b. impound or quarantine Soldotna Animals transported to the Shelter at times the Shelter is
not open to the public.
c. conduct Soldotna Appeals and notify Kenai of the decision on appeal.
d. enforce violations of City animal control ordinances,
e. perform neighborhood patrol and response to calls for service within Soldotna city limits.
f. participate in the updating and sharing of information and data regarding pets, owners,
addresses and violations, to be shared with Kenai or maintained in a way that is
accessible to both parties.
8. Independent Contractor Status. In Performing under this Agreement, Kenai
acts as an independent contractor and shall have responsibility for and control over the details
and means for performing the services required hereunder.
9. Indemnification. City shall defend and indemnify Kenai or any employee or
other representative thereof from and against losses, damages, liabilities, expenses, claims and
demands (collectively “Claim”) arising out of Kenai’s performance of this Agreement unless the
Claim arises out of Kenai’s failure to follow Kenai’s ordinances, policies or procedures or
Kenai’s failure to comply with the provisions of this Agreement.
10. Assignment. Kenai shall not assign this Agreement or any of the monies due or
to become due thereunder without the prior written consent of the City.
11. Subcontracting. Kenai may not subcontract its performance under this
Agreement without the prior written consent of City. Any subcontractor must agree to be bound
by the terms of this Agreement.
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Agreement For Professional Services
Page 4 of 6
12. Designation of Representatives. The parties agree, for the purposes of the
Agreement, that the City shall be represented by and may act only through the following
representatives and their successors who shall have the authority to act and bind the parties in
connection with this Agreement:
For the City of Soldotna: Stephanie Queen, City Manager
177 N. Birch Street
Soldotna, AK 99669
squeen@soldotna.org
For the City of Kenai: Paul Ostrander, City Manager
210 Fidalgo Ave.
Kenai, AK 99611
postrander@kenai.city
13. Insurance. Kenai shall, at all times, at its own expense, keep in force the
following described insurance for protection against the claims of employees or other persons,
insuring both Kenai and the City against liability that may accrue against them or either of them
in connection with the performance of Kenai under this Agreement:
a. Insurance in at least the required statutory amounts covering claims under worker’s
compensation, disability benefits and other similar employee benefit acts; and
b. General liability insurance covering bodily injury, death, and property damage with a
combined single limit of not less than $500,000.
14. Insurance Certificate. All insurance shall be placed with an insurance carrier
or carriers satisfactory to the City and shall not be subject to cancellation or any material change
except after thirty (30) days written notice to the City, and shall provide that no failure of Kenai
to comply with any condition or provision of this Agreement or other conduct of Kenai, or those
for whose conduct it is responsible, shall void or otherwise affect the protection under the policy
afforded to the City. A Certificate of Insurance reflecting full compliance with these
requirements shall, at all times during the term of this Agreement, be provided to the general
offices of the City. If Kenai fails to comply with these insurance requirements, the City may
terminate this Agreement with ten (10) days written notice.
15. Claims Recovery. Claims by the City resulting from Kenai’s failure to comply
with the terms of and specifications of this Agreement and/or default hereunder may be
recovered by City by withholding the amount of such claims from compensation otherwise due
Kenai for work performed or to be performed. City shall notify Kenai of any such failure, default
or damage therefrom as soon as practicable after discovery of such event by written notice.
Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City,
nor a waiver of any other rights hereunder at law or in equity.
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Agreement For Professional Services
Page 5 of 6
16. Compliance with Applicable Laws. Kenai shall, in the performance of this
Agreement, comply with all applicable federal, state and local laws, ordinances, orders, rules and
regulations applicable to its performance hereunder.
17. Venue and Applicable Law. The venue of any legal action between the parties
arising as a result of this Agreement shall be laid in the Third Judicial District of the Superior
Court of the State of Alaska, and this Agreement shall be interpreted in accordance with the laws
of the State of Alaska.
18. Attorney’s Fees. In the event either party institutes any suit or action to enforce
its right hereunder, the prevailing party shall be entitled to recover from the other party its
reasonable attorney’s fees and costs in such suit or action and on any appeal therefrom.
19. Waiver. No failure on the part of either party to enforce any covenant or
provision herein contained, nor any waiver of any right hereunder by either party, unless in
writing and signed by the parties sought to be bound, shall discharge or invalidate such
covenants or provisions or affect the right of either party to enforce the same or any other
provision in the event of any subsequent breach or default.
20. Binding Effect. The terms, conditions and covenants contained in this
Agreement shall apply to, insure to the benefit of, and bind the parties and their respective
successors.
21. Termination. Either party may terminate this Agreement upon failure by the
other party to comply with any terms or conditions of this Agreement. Prior to termination, the
terminating party must provide the other party with written notice and a minimum of ten days
opportunity from the date of the notice to cure the violation. If the violation is not cured within
ten days, or additional time provided at the sole discretion of the terminating party, the
terminating party may terminate the agreement in writing.
22. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof, and all prior negotiations and understandings
are superseded and replaced by this Agreement and shall be of no further force and effect. No
modification of this Agreement shall be of any force or effect unless reduced to writing, signed
by both parties and expressly made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized representatives, this Agreement on the respective date indicated below.
CITY OF SOLDOTNA
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Agreement For Professional Services
Page 6 of 6
DATED: _____________________ BY: ____________________________________
Stephanie Queen
ITS: City Manager
CITY OF KENAI
DATED: ____________________ BY: ____________________________________
Paul Ostrander
ITS: City Manager
Page 52
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 27, 2019
SUBJECT: Resolution No. 2019 – 53 – Authorizing a One-Year Agreement with the
City of Soldotna to Provide Animal Shelter Services
____________________________________________________________________________
The City of Soldotna has seen a significant decrease over the last several years in the total
number of animals received at their animal control shelter, declining to just over 100 animals
received during 2018. The City of Kenai Animal Shelter has also seen a decrease in the number
of animals received over the last five years, falling from 1,072 animals in 2014 to 829 in 2018.
In April of this year, the Soldotna City Manager requested that the City of Kenai consider providing
shelter services on behalf of the City of Soldotna. Administration conducted an analysis of the
current operations at the Kenai Animal Shelter, and it was determined that we could accept the
Soldotna animals without increases in staffing at the Shelter and with minimal increases in
operational costs of less than $5,000.
Resolution No. 2019-53 authorizes the Kenai City Manager to enter into a one-year agreement
with the City of Soldotna to provide animal shelter services for the City of Soldotna at the Kenai
Animal Shelter. The Agreement provides for a lump sum payment from the City of Soldotna to
the City of Kenai of $42,000 for fiscal year 2020. This payment was based on historical data and
the number of anticipated animal intakes from the City of Soldotna animal shelter of up to 150
animals. If more than 150 City of Soldotna animals are received by Kenai during the fiscal year,
there will be an additional charge to the City of Soldotna of $384 per animal. The Agreement also
allows the City of Kenai to sell City of Soldotna licenses and retain those revenues.
Although the Agreement is for one year, if the partnership proves successful, it is anticipated that
a new multiple-year agreement would be pursued.
Your consideration is appreciated.
Page 53
KENAI CITY COUNCIL WORK SESSION
LAND SALE AND LEASING POLICIES AND PROCEDURES
JUNE 11, 2019 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR GABRIEL, PRESIDING
NOTES
Council present: Mayor Gabriel, J. Glendening, H. Knackstedt, G. Pettey, B. Molloy
Others present: City Manager P. Ostrander, Finance Director T. Eubank, Assistant to City
Manager C. Cunningham, City Planner E. Appleby, Assistant to the City
Attorney C. Herr
A. Call to Order
Mayor Gabriel called the work session to order at 6:00 p.m.
B. Introduction – Mayor Gabriel
Mayor Gabriel introduced Council and staff members present.
C. Public Comment (limited to 3 minutes per speaker; 30 minutes’ aggregate)
There was no one from the public wishing to be heard.
D. Presentation of Land Sale and Leasing Policies and Procedures by City Manager Paul
Ostrander and Assistant to City Manager Christine Cunningham
City Manager, Paul Ostrander, provided a history of the land sale and leasing policies and
procedures projects on the Airport Reserve land and the General Fund land; explained the
committee’s purpose was to provide land policies and practices that encourage responsible
growth and development to support a thriving business, residential, recreational, and cultural
community. He added that he believed the policies would improve the finances of the City,
create opportunities for people and businesses that wanted to relocate to Kenai, and would
improve the quality of life for all the residents of the City. Ostrander also provided an update
on the status of the Land Management Plan.
Assistant to the City Manager, Christine Cunningham, noted the City owned over 5,000 acres
of property, acquired from several agencies for various reasons, many parcels having specific
restrictions, and provided an overview of the City’s land leasing and selling programs from
1975 to present. She added that there has been a renewed interest in leasing and purchasing
City property since the adoption of the policies and procedures specific to the Airport Reserve
property due to the development incentives. Cunningham also provided an overview of the
status of leased properties.
Cunningham discussed objectives the working group defined to help achieve the goal of
developing policies and procedures for the lease and sale of General Fund land and provided
an overview of the City-wide Land Management Plan. She then discussed recommended
Page 54
KENAI CITY COUNCIL WORK SESSION
JUNE 11, 2019
PAGE 2 of 2
Kenai Municipal Code revisions to make the process applicant-friendly, uniform conditions for
determining initial length lease term, creating predetermined conditions for lease extension
and renewal, creating protections from excessive rent increases, providing favorable
provisions for the disposition of improvements, providing for development incentives,
providing a methodology for sale of leasehold properties, providing a methodology for sale of
vacant properties, and updating the Special Use Permit process.
Clarification was provided on lease rate adjustments and property tax provisions.
It was suggested properties that are beneficial for the protection of fish and bird habitat be
retained and zoned conservation and properties that might be beneficial to be retained for a
public purpose be identified. It was also suggested buffer type properties to buffer residential
areas from business or industrial areas be identified and preserved.
Clarification was provided that staff had been taking an exhaustive look at each parcel and
the City would retain that information to help make decisions on each parcel into the future.
Clarification was also provided that responsible growth and development took into
consideration the conservation aspects previously discussed.
There was discussion regarding the competitive process for the initial lease application to
ensure the highest and best use and value to the City was realized. There was also discussion
regarding transparency in the competitive process.
Clarification was provided on the options of land sales and over the counter sales.
E. Additional Public Comment (limited to 3 minutes per speaker; 30 minutes’ aggregate)
There was no one wishing to be heard.
F. Council Discussion
Clarification was provided there would an ability to scroll and orient in the mapping software
and drill deeper on information on City owned property and that limited information would be
available on privately owned property.
Appreciation was expressed for the work that went into the project and it was noted the end
result would be beneficial for the community.
It was noted the competitive process would be good for both parties.
G. Adjournment
The work session adjourned at 7:15 p.m.
Notes were prepared by:
_______________________________
Jamie Heinz, CMC
City Clerk
Page 55
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 19, 2019 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on June 19, 2019, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor Robert Molloy (absent)
Henry Knackstedt Tim Navarre
Jim Glendening Robert Peterkin
Glenese Pettey
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the packet:
Add to item D.8. Resolution No. 2019-41
• Exhibit A – Fee Schedule
Add to item J.1. City Manager’s Report
• Public Works Midmonth Report
MOTION:
Council Member Knackstedt MOVED to approve the agenda with the requested revisions to the
packet and Council Member Glendening SECONDED the motion.
MOTION TO AMEND :
Page 56
City of Kenai Council Meeting Page 2 of 13
June 19, 2019
Vice Mayor Navarre MOVED to amend the agenda by adding an Executive Session item entitled,
“Discussion of Kenai Visitor Center Management a Matter of Which the Immediate Knowledge
may have an Adverse Effect upon the Finances of the City [AS44.62.310(c)(1)]” and requested
UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion.
VOTE ON THE MOTION TO AMEND: There being no objections, SO ORDERED.
UNANIMOUS CONSENT was requested on the main motion.
VOTE ON THE MAIN MOTION: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Vice Mayor Navarre SECONDED the motion.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate
discussion of these items unless a council member so requests, in which case the item
will be removed from the consent agenda and considered in its normal sequence on
the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS – None
C. UNSCHEDULED PUBLIC COMMENTS
Jodi Stuart provided an update on the dog park noting the area within Daubenspeck Park had
been cleared and the buffer left between the cleared area and the parking area would be limbed
in the near future. She also noted that they would be getting help to remove stumps soon and
then holding an open house.
D. PUBLIC HEARINGS
1. 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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3069-2019 and Council Member
Peterkin SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
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June 19, 2019
Clarification was provided the projects would begin in the coming weeks.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
2. 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)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3070-2019 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3071-2019 – Increasing Estimated Revenues and Appropriations in
the General, Airport Special Revenue, Personal Use Fishery Special Revenue, and
Senior Citizen Special Revenue Funds; Authorizing the Binding of Insurance
Coverage for the City for the Period of July 1, 2019 through June 30, 2020; and
Authorizing Execution of a Three-Year Agreement for Insurance Coverage.
(Administration)
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
c. Motion for Adoption (Requires Five Affirmative Votes)
MOTION FOR INTRODUCTION:
Vice Mayor Navarre MOVED to introduce Ordinance No. 3071-2019 and Council Member
Peterkin SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE ON INTRODUCTION:
YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin, Gabriel
NAY:
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June 19, 2019
MOTION PASSED UNANIMOUSLY.
MOTION FOR SECOND READING:
Vice Mayor Navarre MOVED to hold the second reading on Ordinance No. 3071-2019 and
Council Member Glendening SECONDED the motion
VOTE ON SECOND READING:
YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
MOTION FOR ENACTMENT:
Vice Mayor Navarre MOVED to enact Ordinance No. 3071-2019 and Council Member Glendening
SECONDED the motion
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
MOTION TO AMEND :
Council Member Knackstedt MOVED to amend by deleting Airport Special Revenue Fund
Estimated Revenues and Appropriations and associated amounts within Section 1 and Council
Member Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
MOTION TO AMEND :
Council Member Knackstedt MOVED to amend by deleting “Airport Special Revenue,” in the title
and Council Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objections, SO ORDERED.
VOTE ON MOTION TO ENACT AS AMENDED:
YEA: Knackstedt, Glendening, Pettey, Navarre, Peterkin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2019-37 – Authorizing the City Manager to Enter Into an Automated
Teller Machine (ATM) Concession for the Kenai Municipal Airport. (Administration)
MOTION:
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City of Kenai Council Meeting Page 5 of 13
June 19, 2019
Council Member Knackstedt MOVED to adopt Resolution No. 2019-37 and requested
UNANIMOUS CONSENT. Council Member Peterkin SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objection, SO ORDERED.
5. Resolution No. 2019-38 – Amending City Council Policy 2017-01, Procedures for the
Use and Management of City Issued Mobile Devices, to Provide Procedures for
Planning and Zoning Commission Use and Make Other Housekeeping Amendments.
(Council Member Knackstedt)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-38 and Council Member
Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted that the Planning and Zoning Commission had requested devices to be able to go
paperless and clarification was provided that the amendments to the policy provided for the
Planning and Zoning Commission to be issued mobile devices for their use.
VOTE: There being no objection, SO ORDERED.
6. Resolution No. 2019-39 – Authorizing the Transfer of Funds from the General Fund
Library Department to the General Fund Buildings Department; and Authorizing the
Issuance of a Purchase Order in the Amount of $16,795.00 for the Replacement of
ADA Automatic Door Operators at the Library. (Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-39 and Council Member
Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that the transfer was to affect the FY2019 budget and that the failing
operations of the door were potentially due to weather.
VOTE: There being no objection, SO ORDERED.
7. Resolution No. 2019-40 – Authorizing a Budget Transfer in the General Fund – Police
Department for the Purchase of a Forensic Investigation Tool. (Administration)
MOTION:
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June 19, 2019
Council Member Glendening MOVED to adopt Resolution No. 2019-40 and Council Member
Peterkin SECONDED the motion. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that an ordinance had been enacted at the June 5th meeting
appropriating the funds in the FY2019 budget, however, the funds were needed in a different
account based on the cost of the tool which was why the resolution transferring the funds was
necessary.
VOTE: There being no objection, SO ORDERED.
8. Resolution No. 2019-41 – Authorizing a Facility Management Agreement with the
Boys & Girls Club of the Kenai Peninsula, Inc. for the Operation and Management of
the Kenai Recreation Center in the Amount of $130,000 Per Year. (Administration)
MOTION:
Council Member Glendening MOVED to adopt Resolution No. 2019-41 and Council Member
Knackstedt SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that there were some changes proposed to the specific performance
requirements of the agreement relating to hours of operations on Sundays, the need for a deposit
for after-prom and after-graduation activities, and the need to add Boys and Girls Club Activities.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Section 1 of the resolution to read, “That the Kenai
City Council authorizes the City Manager to execute a Facility Management Agreement with the
Boys & Girls Club of the Kenai Peninsula, Inc., similar to the attached agreement,” and Council
Member Pettey SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE TO AMEND: There being no objection, SO ORDERED.
UNANIMOUS CONSENT was requested on the main motion as amended.
VOTE ON THE MAIN MOTION AS AMENDED: There being no objection, SO ORDERED.
9. Resolution No. 2019-42 – Awarding an Agreement for Providing and Servicing
Portable Restrooms and Dumpsters on the North and South Kenai Beaches, Including
Portable Restrooms at the City Dock, During the 2019 Personal Use Fishery.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-42 and Council Member
Glendening SECONDED the motion. UNANIMOUS CONSENT was requested.
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June 19, 2019
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objection, SO ORDERED.
10. Resolution No. 2019-43 – Awarding An Agreement For Providing And Servicing Road
Accessible Dumpsters At The End Of South Spruce Street, Kenai Little League
Parking Lot And Kenai City Dock During The 2019 Personal Use Fishery.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2019-43 and requested
UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objection, SO ORDERED.
11. Resolution No. 2019-44 – Supporting Kenai Peninsula Borough Ordinance 2019-11,
Repealing KPB 5.18.430(F) which Requires Voter Approval to Increase the Sales Tax
Cap. (Vice Mayor Navarre)
MOTION:
Vice Mayor Navarre MOVED to adopt Resolution No. 2019-44. Council Member Knackstedt
SECONDED the motion and requested UNANIMOUS CONSENT.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
There was objection to unanimous consent.
The sponsor noted that after the joint work session with the Kenai Peninsula Borough Assembly
he requested the resolution and asked for support. He pointed out the only option for the Kenai
Peninsula Borough to increase revenue was to increase property tax and removal of the tax cap
expanded ways to increase revenues.
It was suggested it was reasonable for the tax cap dollar amount to increase given changes in
the cost of living since the tax cap had been in place.
It was noted the matter affected residents of the City that paid property taxes and the ability to
increase the sales tax cap closed the gap more evenly as non-residents would be helping.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel
NAY: Peterkin
MOTION PASSED.
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June 19, 2019
E. MINUTES
1. *Regular Meeting of May 15, 2019
Approved by the consent agenda.
2. *Regular Meeting of June 5, 2019
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. 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)
[Clerk’s Note: This Item was Postponed from the June 5 Meeting to This Meeting; A
Motion to Enact is On the Floor]
• Substitute Ordinance No. 3068-2019 – Amending Kenai Municipal Code
14.20.320 – Definitions, and Implementing a Moratorium Prohibiting Onsite
Consumption of Marijuana at Retail Marijuana Stores Requiring an Onsite
Consumption Endorsement Until July 1, 2021.
A history of the onsite consumption provisions enacted by the state, the failed City ordinance
containing provisions for the City, and the proposed ordinance to prohibit onsite consumption was
provided. It was noted local police officers expressed public safety concerns and concerns with
the inability to test for driving under the influence. It was suggested the ordinance protected public
safety and public health and supported quality of life in the City.
It was suggested that current needs of the industry were being met and no need had been
expressed to necessitate providing for onsite consumption.
MOTION TO AMEND:
Vice Mayor Navarre MOVED to amend by Substitute Ordinance No. 3068-2019. The motion
failed for lack of a second.
It was reiterated a need in the industry could not be substantiated and exorbitant fees and
requirements to provide onsite consumption were pointed out.
It was suggested things would change as others around the state provided for onsite consumption
and a moratorium would allow the City to flex with changes.
There was concern with the message allowing for onsite consumption sent to youth.
VOTE ON THE MAIN MOTION:
YEA: Knackstedt, Glendening, Pettey, Navarre, Gabriel
NAY: Peterkin
MOTION PASSED.
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June 19, 2019
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Over $15,000. (Administration)
Approved by the consent agenda.
3. *Action/Approval – Non-Objection to the Renewal of a Marijuana Retail Store
License for Cook Inlet Cannabis Company, D/B/A East Rip. (City Clerk)
Approved by the consent agenda.
4. *Action/Approval – Special Use Permit to Alaska Air Fuel, Inc. for Aircraft Loading
and Parking on the Apron. (Administration)
Approved by the consent agenda.
5. *Action/Approval – Special Use Permit to Crowley Fuels, LLC for Aircraft Loading
and Parking on the Apron. (Administration)
Approved by the consent agenda.
6. *Action/Approval – Special Use Permit to Empire Airlines, Inc. for Aircraft Parking on
the Apron. (Administration)
Approved by the consent agenda.
7. *Action/Approval – Special Use Permit to Everts Air Fuel, Inc. for Aircraft Loading
and Parking on the Apron. (Administration)
Approved by the consent agenda.
8. *Action/Approval – Special Use Permit to United Parcel Service Company for Aircraft
Loading and Parking on the Apron. (Administration)
Approved by the consent agenda.
9. Action/Approval – Special Use Permit to James Doyle d/b/a Weaver Brothers for
Truck and Trailer Storage. (Administration)
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to James Doyle d/b/a
Weaver Brothers for truck and trailer storage and requested UNANIMOUS CONSENT. Council
Member Peterkin SECONDED the motion.
VOTE: There being no objection, SO ORDERED.
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June 19, 2019
10. Action/Approval – Special Use Permit to Alaska Salmon Fertilizer for Filet Services
to Collect Fish Cleaning Waste. (Administration)
MOTION:
Council Member Knackstedt MOVED to approve a Special Use Permit to Alaska Salmon Fertilizer
for filet services to collect fish cleaning waste and requested UNANIMOUS CONSENT. Council
Member Glendening SECONDED the motion.
It was noted the sanitary filleting of fish and the use of wastes was a win-win for the City and
dipnet fishery users.
VOTE: There being no objection, SO ORDERED.
11. Action/Approval – Confirm Mayoral Nomination for Recommendation of City of Kenai
Representative to Kenai Peninsula Borough Planning and Zoning Commission.
(Mayor Gabriel)
MOTION:
Council Member Glendening MOVED to confirm the Mayor’s nomination of Diane Fikes for
recommendation for the City of Kenai Representative to Kenai Peninsula Borough Planning and
Zoning Commission and requested UNANIMOUS CONSENT. Council Member Knackstedt
SECONDED the motion.
Appreciation was expressed for Ms. Fikes’ willingness to serve in this way.
VOTE: There being no objection, SO ORDERED.
12. Discussion – Land Sale and Leasing Policies and Procedures. (Administration)
City Manager Ostrander noted the information provided was a lot to digest and administration
wanted to provide an opportunity to discuss and ask questions; he added the overall Land
Management Plan was expected to be developed by Winter 2020.
It was suggested contours be provided for creeks or ravines as a layer to turn on and off in the
geographic information system software to help show those features.
Appreciation was expressed for the work put into the policies and procedures to provide clarity
for residents and business owners. It was suggested some subdivisions and a business park be
created to be put on the market.
It was noted Council wanted to see the project move forward on the proposed trajectory.
Gratitude was expressed for the amount of work and diligence on the project.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – It was reported the Council heard about satisfaction survey results,
grant filings, and project updates at their June 13 meeting; next meeting July 11.
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June 19, 2019
2. Airport Commission – It was reported the Commission heard an update on the
Terminal Renovation Project, discussed the condition of Willow Street, and heard an
update regarding the Kenai Peninsula Air Fair; next meeting July 11.
3. Harbor Commission – It was reported the Commission recommended priorities for the
Capital Improvement Projects associated with the Harbor; next meeting August 12.
4. Parks and Recreation Commission – No report; next meeting August 1.
5. Planning and Zoning Commission – It was reported that at their June 12 meeting the
Commission approved a Conditional Use Permit for extraction of gravel, approved the
transfer of two Conditional Use Permits for the same applicant due to a name change
for hotel and guide services, and recommended the City Planner send a letter to a
developer for a one time extension to finalize their plat; next meeting June 26.
6. Beautification Committee – No report; next meeting September 10.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended the Historical Buildings of Kenai Art Show.
• Attended the Kenai Peninsula Air Fair noting he delivered a military appreciation
proclamation at the event;
• Attended the inaugural Kite Festival noting the community involvement to make it
successful;
• Commended Allie Ostrander on her third straight national championship in
steeplechase in addition to a record she set;
• Provided a reminder of the upcoming Fourth of July parade.
J. ADMINISTRATION REPORTS
1. City Manager – P. Ostrander reported on the following:
• Toured homeless camps with Kenai Police Department;
• Noted new restrictions at the library addressing people who made the facility
uncomfortable for residents and families;
• A new fire engine was being built and a change order issued; expected delivery
later this year;
• Design of the Alaska Regional Fire Training Facility was on schedule with
expected completion July 31.
• Issued a temporary Certificate of Occupancy for Coming Attractions Theater;
• The City was assisting the community group with the driveway and some cleanup
of mulch and debris at the dog park;
• Developed a method to get cranes at the dock operational this summer;
• Work ongoing with the Corps of Engineers to provide funding for the design work
to ensure the project continued moving forward.
2. City Attorney – No Report.
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June 19, 2019
3. City Clerk – J. Heinz reported on training recently attended.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
Al W eeks thanked the City Council members for their service and devotion to the City suggesting
that even if residents did not attend meetings, it was not because they did not care. He noted he
informs his congregation of items of importance to them. He also expressed gratitude to the
sponsors of the ordinance to prohibit onsite consumption for their courage. Al expressed concern
about the City not treating businesses within the City equally and suggested the City was picking
and choosing based on tax revenue.
Sherry Innes noted she had just returned from the Galapagos Islands and noted the many rules
in place when visiting to keep the islands and wildlife safe suggesting the Council was elected to
ensure the residents and the community were preserved and protected. She expressed gratitude
for the adoption of the ordinance prohibiting onsite consumption.
2. Council Comments
Council Member Knackstedt wished the Deputy Clerk and her new baby well.
Vice Mayor Navarre also congratulated the Deputy Clerk and her family, congratulated the
winners of the Chamber of Commerce awards.
Council Member Pettey noted it was an honor to serve on the City Council adding the longer she
served the more she understood the intricacies of government and how much it took to make the
City run smoothly. She added that she wanted to leave a legacy to be proud of for children and
grandchildren.
Council Member Glendening noted he attended the Kenai Peninsula Air Fair, attended a recent
dog park meeting, attended the Chamber of Commerce awards ceremony, attended the Kenai
Historic Building art show, noted the land lease work session was very informative, and noted an
upcoming event at the Elks Lodge benefitting the LeeShore Center.
Council Member Peterkin noted he attended the Chamber of Commerce Awards Luncheon and
thanked the Chamber Director and Chamber Board.
L. EXECUTIVE SESSION
[Clerk’s Note: This item was added during approval of the agenda.]
1. Discussion of Kenai Visitor Center Management a Matter of Which the Immediate
Knowledge may have an Adverse Effect upon the Finances of the City
[AS44.62.310(c)(1)].
MOTION:
Vice Mayor Navarre MOVED to enter into executive session to discuss the Visitor Center
Management a matter of which the immediate knowledge may have an adverse effect upon the
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June 19, 2019
Finances of the City [AS44.62.310(c)(1) and requested the attendance of City Manager, City
Attorney, and Finance Director, as needed. Council Member Peterkin SECONDED the motion.
VOTE:
YEA: Knackstedt, Glendening, Pettey, Molloy, Peterkin, Navarre, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in open session, and noted for the record that they had discussed the Kenai
Visitor Center management and gave administration direction.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:41 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of June 19,
2019.
_____________________________
Jamie Heinz, CMC
City Clerk
Page 68
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JULY 3, 2019
VENDOR DESCRIPTION
PERS PERS
INVESTMENTS
VENDOR DESCRIPTION
DEPARTMENT ACCOUNT AMOUNT
VARIOUS LIABILITY 90,246.05
MATURITY DATE AMOUNT Effect.Int.
Page 69
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 28, 2019
SUBJECT: Special Use Permit for the Use of the City Dock Crane
____________________________________________________________________________
The purpose of this memo is to recommend that Council authorizes the City Manager to issue an
unlimited number of Special Use Permits in the same form as the attached for a non-exclusive
right to use the City Dock Crane and associated dock space, furthest downriver for an annual fee
of $1,000. The Permit requires training of the permittee by City staff prior to operation of any
cranes owned by the City.
Operation of the cranes at the City Dock is beneficial to the public interest, and in the past, the
City has awarded a seasonal lease for operation of the dock stations based on a minimum bid.
However, in recent years, the City did not receive any proposals in response to requests for bids
to lease dock stations.
Time is of the essence because of the identified immediate need of the cranes for commercial
fishing operations. Administration will report to Council the number of Special Use Permits that
were issued after the seasonal closure of the Dock.
The attached Special Use Permit would be available to all operators on equal terms, at equal
rates, and without discrimination.
Your consideration is appreciated.
Page 70
210 Fidalgo Avenue, Kenai, AK 99611
www.kenai.city (907) 283-8236
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to PERMITTEE) the non-exclusive right
to use the City Dock Crane and associated dock space and infrastructure as described below:
open dock space, furthest downriver (National) Crane and floating docks
and as further shown in the attached Exhibit A.
1. TERM. This special use permit shall be from _____________ to Seasonal Closure of
Dock Facility in 2019.
2. PERMIT FEES. The Permittee shall be charged a permit fee of $1000.00 plus applicable
sales tax.
The Permittee shall pay the City the permit fee on or before .
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai
and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 on or before the
first of each month.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate
parties all levies, assessments, and charges as hereinafter provided:
A. Sales tax enforced, or levied in the future, computed upon the permit fee payable in
monthly installments whether said fee is paid on a monthly or yearly basis;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State, Borough,
City, or by any other tax levying body, upon any taxable possessory right which
Permittee may have in or to the Premises by reason of its use or occupancy or by
reason of the terms of this Permit, provided however, that nothing herein contained
shall prevent Permittee from contesting any increase in such tax or assessment
through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%)
of any amount of money owed under this Special Use Permit which are not paid on or
before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited to
recording costs.
3. USE. The use by the Permittee of the Premises is limited to the purpose of Crane
Operations. This use is subject to City, Borough, and State laws and regulations and the
reasonable administrative actions of the City for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject
to the following conditions:
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Special Use Permit – City Dock Crane – 2019 Page 2 of 5
A. Permittee shall use the Premises only for loading and unloading of fish and other
equipment and goods.
B. Crane operations must be conducted in a manner not to interfere with other City and
Public Use of the Dock. Vehicles may not be parked, and equipment may not be placed
in any manner that blocks ingress and egress from the dock. Vehicles, boats and
equipment may not be left unattended at Dock or floats.
C. Unless specifically agreed to in a separately written authorization of the City Public
Works Director, Permittee may not receive payment or other compensation for
operation or use of the Crane.
4. TRAINING. Permittee shall, prior to operating any cranes owned by the City or permitting
any employee, agent, representative , service provider, or other person to operate any
City-owned crane, ensure and verify that each Covered Operator has successfully
completed:
A. Proficiency training session with the Dock Cranes administered by the City's Dock
personnel.
B. Only those persons listed below as Permittee's Crane Operators may operate the
Crane. Permittee shall not allow any other person to operate the crane.
a. Names of Approved Crane Operators:
5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall
fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents,
employees, and volunteers at its own expense from and against any and all actions,
damages, costs, liability, claims, losses, judgments, penalties, including reasonable
Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of
the Permittee, its officers, agents or employees, or any subcontractor under this Permit.
The Permittee shall not be required to defend or indemnify the City for any claims of or
liability for any wrongful or negligent act, error, or omission solely due to the independent
negligence of the City. If there is a claim of or liability for the joint negligence of the
Permittee and the independent negligence of the City, the indemnification and hold
harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall
be established upon final determination of the percentage of fault. If any such
determination is by settlement, the percentage of fault attributed to each party for purposes
of this indemnification provision shall only be binding upon the parties included in the
settlement agreement. “Permittee” and “City” as used in this article include the employees,
agents, officers, directors, and other contractors who are directly responsible, respectively,
for each party. The term “independent negligence of the City” is negligence other than in
the City’s selection, administration, monitoring, or controlling of the Permittee.
6. DAMAGES. Permittee is solely responsible for any damage to the Crane and adjacent
Premises and Improvements during the term of this Permit. In the event that the Crane
and adjacent City Premises and Improvements are damaged or destroyed during the term
of this Permit, Permittee shall immediately notify the City and shall pay to the City all costs
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Special Use Permit – City Dock Crane – 2019 Page 3 of 5
of repair or replacement including, but not limited to replacement of locks or keys as
determined by the City Public Works Director.
7. NO WARRANTIES IMPLIED. The City, its officers, agents, and employees make no
warranties or representations as to the condition of the Crane and adjacent Premises and
Improvements or their suitability for Permittees use. Permittee uses the Crane, adjacent
Premises, and Improvements in AS IS CONDITION. Permittee shall inspect the Crane,
adjacent Premises, and improvements prior to use and report any defects, hazards, or
dangers to the Public Works Director before using. The City shall have no liability to
Permittee or to any other person for delays, loss of use, loss of income, damage to
property, personal injury, or death arising from or related to the availability, condition, or
use of the Crane or adjacent Premises or Improvements during the term of this Permit.
8. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien
or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee’s own expense.
9. PARKING.
10. PERSONAL PROPERTY. Personal property may not be left on the dock when permittee
is not actively using the crane for loading and unloading activities.
11. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
12. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
13. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to
enforce this requirement.
14. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
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Special Use Permit – City Dock Crane – 2019 Page 4 of 5
the Permittee responsible for performing any obligation under this permit which an
assignee fails to perform.
15. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted
in this Permit.
16. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
17. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
18. AUTHORITY. By signing this Permit, Permittee represents that is has read this
agreements and consents to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the business to bind the business
hereunder.
CITY OF KENAI Name:
By: By:
Paul Ostrander Date Date
City Manager Title:
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2019, the foregoing instrument was
acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska
home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
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Special Use Permit – City Dock Crane – 2019 Page 5 of 5
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2019, the foregoing instrument was
acknowledged before me by .
Notary Public for Alaska
My Commission Expires:
ATTEST:
Jamie Heinz, CMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 75
.
30 '
Date: 6 /2 7/20 19
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 42 feet
City DockSpecial Use Permit
Ex hibit A
Page 76
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 20, 2019
SUBJECT: Action/ Approval - Baron Park Subdivision Properties
____________________________________________________________________________
The purpose of this memo is to affirmatively delineate management authority for two properties
in the Baron Park Subdivision to clarify which City fund is responsible for and receives the benefit
from the property and improvements on the property as well as facilitate a subdivision to preserve
public access along the existing constructed road.
The City has discussed properties in the Baron Park Subdivision as it relates to management
authority since the property was first proposed to provide land for a future Fire Training Facility
site in 1990. The 40-acre tract was undeveloped except for a small observation antennae installed
by the National Oceanic and Atmospheric Administration (NOAA) and a small pond. Payment was
made from the General Fund to the Airport Fund in the amount of $212,500 to transfer
Management authority for the land from the Airport Fund to the General Fund in 1991 for Marathon
Road street and utility improvements to encourage industrial development in the area as well as
facilitate a lease to the University of Alaska for the development of the indoor fire training facility.
Since that time, the 40-acre tract has been the subject of multiple subdivisions and development
as follows:
In 1991, the City entered into a lease with the University of Alaska on what is now Tract 3, but
was formerly Tract A-1, an approximately 40-acre parcel. The lease was amended in 1996 to
remove approximately 10 acres to be used to build the Alaska Regional Aircraft Rescue &
Fire Training Center. The University constructed substantial improvements on the leased
property and by mutual agreement the University and the City terminated the Lease with the
City Airport Fund purchasing the improvements on the property. Ordinance 2380-2009
authorized the purchase of the improvements, which included a water launch/recovery training
apparatus, Fire Training Burn Building, chain link fencing, gravel pad, utility improvements, a
1,000 square foot modular classroom, modular bathrooms and showers, an 800 square foot
garage building, and other items for $325,000. At the time the expenditure was approved by
City Council, there was a discussion of repayment to the General Fund of a portion of the
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Page 2 of 2
Baron Park Subdivision
$212,500 which was paid to the Airport Fund in 1991 for the portion of the property that was
returned to Airport management. No repayment was made nor was the property that was
returned to Airport management clearly defined.
In 1997, the Alaska Fire Training Facility was built on what is now Tract 2, and Ordinance
1756-97 appropriated Airport Fund and Airport Improvement Program Funds for construction
of the facility, which was designed to facilitate hands-on training for fire response personnel
in scenarios replicating actual emergencies involving aircraft and structural/industrial settings.
The Facility is currently under a Facility Management Agreement with Beacon Occupational
Health and Safety Services, which occupies the first floor, and the American National Red
Cross utilizes approximately 475 square feet of temporary office space on the second floor.
The Airport Fund provides facility repairs and maintenance for the property with the exception
of a one-time transfer of $110,000 from the General Fund authorized by Ordinance 2296-2008
to fund repairs and maintenance at the facility due to deficits in the Airport Fund. The City and
the Kenai Municipal Airport are strongly committed to rehabilitation and infrastructure at the
Facility and solicited proposals for engineering, design, and construction services in March
2019 to be funded with FAA funds.
The City Council held a work session on January 27, 2010 to discuss the management
authority for the Baron Park Subdivision and a return of the University parcel (now Tract 3) to
the Airport in recognition of the $325,000 paid by the Airport Fund. However, no action was
taken as a result of the work session, and the City moved forward with plans to construct a
City park around a small pond on the parcel. Daubenspeck Family Park was formally
'dedicated' in 2012. Ordinance No 2601-2011 appropriated $150,000 from a State of Alaska
grant for municipal improvements at Daubenspeck Park. Resolution 2018-52 authorized a
portion of the park for the construction and presence of an off-leash dog park. The area
encompasses approximately 22,500 square feet within Daubenspeck Family Park along the
northeast side of the pond.
In 2015, the City maintenance shop facility was built on what is now Tract 1. Some of the
development on this lot is in common with the lot to the west, Tract 3, the site of the University
of Alaska Fire Training Facility. When the tracts were re-platted in 2012 into Tracts 1-5 Baron
Park 2012 Addition, the improvements purchased by the Airport Fund on former Tract A-1
Baron Park Sub. No 7 were located on both Tract 1 and Tract 3. Additionally, the City Shop
uses the access road along the lot line common to Tracts 3 and 4. The 2012 plat dedicated
Daubenspeck Circle, providing interior and/or alternate access to all five tracts, but the actual
constructed road is a loop, extending past the cul-de-sac bulb back to Marathon Road. A 30-
foot utility easement was granted on the plat along that common lot line, running down the
center of the travel way and there are water and sewer lines along the road.
Due to the number and nature of improvements on and surrounding the properties, specifically
the investment by the General Fund in street and utility improvements and the Airport Fund in
permanent improvements at the Fire Training Facility and former UAA Lease Lot, it is in the best
interest of the City to designate the management authority for Tracts 2 and 3 to the Airport. If City
Council approves of this action, management authority for Tracts 2 and 3 will accurately reflect
the Airport’s investment in and responsibility for the properties. Additionally, the transfer of
authority will resolve the comingled responsibility and benefit of the properties to associate them
with the appropriate fund as well as allow the City to move forward in a subdivision to preserve
public access along the existing constructed road to Tract 1.
Your consideration is appreciated.
Page 78
MAGIC AVEMARATHON RD.
180 '
Date: 5 /2 0/2019
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 208 feet
Baron ParkSubdivision2012 Addition
Daubenspeck Family ParkTract 5KPB # 0451036
VacantTract 4KPB # 0451035
Former UA A LeaseTract 3KPB # 0451034
Fire Training FacilityKPB # 0451033Tract 2
City ShopTract 1KPB # 0451032
Page 79
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: June 28, 2019
SUBJECT: Parks & Recreation Commission Appointment
______________________________________________________________________
With the resignation of Noel Widmayer from the Parks and Recreation Commission on 02/07/2019,
there is a vacancy on that Commission that needs to be filled.
In November 2018, Teea Winger submitted an application expressing interest in serving on the
Parks and Recreation Commission. The term expires December 2020. Mayor Gabriel has
requested this applicant be added to the meeting agenda for Teea’s nomination and consideration
by Council for confirmation.
A committee/commission vacancy shall be filled by nomination of the Mayor and confirmation by
the Council (KMC 1.90.010).
Your consideration is appreciated.
Page 80
Page 81
Page 82
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: June 28, 2019
SUBJECT: Discussion – City Parks; Hours of Operation
____________________________________________________________________________
The purpose of this correspondence is to inform you that Administration is considering limiting the
operating hours for our local parks. Presently, all of the parks in our system are available for
public use 24/7.
Vandalism of City property in our parks often occurs during non-daylight hours. The use of parks
for inappropriate activities, particularly during late evening and early morning hours have become
an increasingly significant concern. An increased number of needles and other drug paraphernalia
are found in City parks. Many parks are located in, or adjacent to residential neighborhoods which
has led to noise complaints from residents. City Administration believes that closing our parks for
certain periods will protect our park assets and improve the public’s safety without significantly
detracting from the intended use of the parks.
Park operating hours were last discussed in 2013, and at that time, only a small handful of park
locations were examined. For standardization and enforcement purposes, all park locations
would have the same operating hours. The affected areas would include:
• Beaver Creek Park
• Cunningham Park (special provisions may apply)
• Daubenspeck Park
• Eric Hansen Scout Park
• Fourth Ave Park
• Leif Hansen Memorial Park
• Municipal Park
• Old Town Park
• Skate Park
• Kenai Little League complex
• East End Park (Eagle Disc Golf Course and trails)
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Page 2 of 2
Park Operating Hours
The table below contains the operating hours from other municipalities in Alaska:
Community Park Hours of Operation
City of Soldotna 3:30 a.m. to 1:30 a.m.
Municipality of Anchorage 8:00 a.m. to 10:00 p.m.
City of Seward 7:00 a.m. or Dawn to 10:00 p.m. or Dusk
City of Wasilla 8:00 a.m. to 10:00 p.m.
City Administration is recommending park operational hours be limited to 5:00 a.m. to 12:00 p.m.
(midnight). While parks are closed, entering, remaining, stopping or parking within the confines
of the park would be prohibited.
Your consideration is appreciated.
Page 84
KENAI COUNCIL ON AGING MEETING
JUNE 13, 2019 – 4:30 P.M.
KENAI SENIOR CENTER
361 SENIOR CT., KENAI, AK 99611
http://www.kenai.city
MEETING SUMMARY
1. CALL TO ORDER
The meeting was called to order by Chair Roy Williams at 4:30 p.m.
a. Pledge of Allegiance
Chair Williams led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Members Present: Williams, Geller, Weeks, Erwin, Nelson, Thornton, Bise, Modigh
Members Absent: Milewski
A quorum was present.
Staff/Council Liaison
Present: Administrative Assistant Clary, Council Member Glendening
e. Agenda Approval
MOTION:
Member Geller MOVED for approval of the agenda and Member Weeks SECONDED the
motion. There were no objections. SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregate)
3. UNSCHEDULED PUBLIC COMMENT (Public comment limited to three (3) minutes per
speaker; thirty (30) minutes aggregate)
4. APPROVAL OF MEETING SUMMARY
a. April 11, 2019
Member Thornton MOVED to approve the April 11, 2019 meeting summary and Member Erwin
SECONDED the motion. There were no objections. SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – 2019 Survey Results
Administrative Assistant Clary read through the survey results. A brief discussion followed,
including the importance of the congregate setting in promoting socialization, preventing Page 85
Council on Aging
June 13, 2019
Page 2 of 2
isolation, and nutrition.
7. REPORTS
a. Senior Center Director – Clary, reporting for Director Romain, noted the
following:
• The City budget was closing for FY19 and grant reporting would be due in
July.
• The Rasmuson Grant, requesting funding for flooring, had been
submitted.
• The City Building Maintenance crew would be replacing boards/staining in
the boardwalk in the back of the building.
• A memorial service was being planned for Bill Osborn.
b. Council on Aging Chair – No report.
c. City Council Liaison – Council Member Glendening reviewed the action agenda
from the June 5, 2019 City Council meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – July 11, 2019
There were no notifications of expected absences for the July 11, 2019 meeting.
9. COUNCIL MEMBERS COMMENTS AND QUESTIONS
City Council Member Glendening was thanked for his reports to the Council on Aging.
Member Bise thanked Glendening and Council for her appointment to the Council on Aging.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
MOTION:
Member Geller moved for adjournment and Member Weeks SECONDED the motion. There
were no objections. SO ORDERED.
There being no further business, the Council on Aging meeting adjourned at 5:33 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jamie Heinz, CMC
City Clerk
Page 86
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JUNE 12, 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, V. Askin, T.
McIntyre, J. Halstead
Commissioners absent: G. Greenberg
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
Council Liaison B. Molloy
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 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.
MOTION:
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Planning and Zoning Commission Meeting Page 2 of 6
June 12, 2019
Commissioner Halstead MOVED to approve the agenda as presented with the inclusion of the
supporting materials added to the packet in the laydown and Commissioner Askin SECONDED
the motion. There were no objections; SO ORDERED.
e. *Excused absences – None.
2. *APPROVAL OF MINUTES
a. May 22, 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 PZ2019-17 – Application for a Conditional Use Permit for Surface Extraction
of Natural Resources, submitted by Peninsula Commercial Ventures, 3201 Tamarak
Ave., Wasilla, Alaska 99654, for the property described as Tract C, Hollier Subdivision
No. 2, located at 695 Gravel Street, Kenai, Alaska 99611
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-17 and Commissioner Springer
SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the Conditional Use
Permit would be for surface extraction of gravel in a parcel adjacent to parcels already being
utilized for the same purpose and, based on the review of criteria, found that the permit could be
approved with the following conditions:
• Applicant must comply with all federal, State of Alaska, and local regulations;
• The applicant will properly store fuel oil and hazardous materials away from wetlands or
other sensitive areas of the landscape;
• The applicant will not store fill materials, such as concrete and construction waste, in or
near areas with an exposed water table;
• The applicant will limit noise disturbances and not use compression release engine
brakes;
• The applicant will ensure the gate that can be used to block access from Cone Avenue is
in working order;
• A vegetated buffer of a minimum of six feet high will be constructed on the north and west
boundaries of the extraction;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
• The applicant will meet with City staff for on-site inspections when requested;
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Planning and Zoning Commission Meeting Page 3 of 6
June 12, 2019
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained pursuant to 14.20.150(i)(5).
Chair Twait opened the floor for public testimony.
Pat Daly, on behalf of the owner, answered Commissioner questions regarding buffers, drainage,
excavation depth, reclamation, dust control, and the gravel benefitting the City.
There being no one else wishing to be heard, public comment was closed.
MOTION TO AMEND :
Commissioner Springer MOVED to amend to include staff recommendations and requested
UNANIMOUS CONSENT. Commissioner Halstead SECONDED the motion.
VOTE ON THE AMENDMENT: There being no objections; SO ORDERED.
Clarification was provided that the buffer had been encroached on by the previous owner.
It was suggested that what was before the Commission seemed to be industry standard.
VOTE ON THE MAIN MOTION:
YEA: Springer, Halstead, Fikes, Askin, Twait
NAY: McIntyre
MOTION PASSED.
Commission Chair Twait noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
a. Resolution PZ2019-18 – Application for Transfer of Conditional Use Permit PZ06-84
(PZ01-11) for a hotel (short-term recreational rentals) from Blue Heron Land Company,
LLC, Transferor, to Blue Heron Enterprises, LLC, Transferee, located at 1230 Angler
Dr., Kenai, Alaska 99611; further described as Lot 1, Block 2, Anglers Acres Subdivision
Addition No. 1.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-18 with staff recommendations
and Commissioner Halstead SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the transfer was due
to a name change and the current permit holder met the conditions of the permit and, based on
the review of criteria, found that the permit transfer could be approved with the following
conditions:
• Further development of the property must comply with all federal, State of Alaska, and
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Planning and Zoning Commission Meeting Page 4 of 6
June 12, 2019
local regulations;
• A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai
pursuant to Kenai Municipal Code 14.20.321(d);
• The water and sewer system must meet the standards and have approval to operate from
the Alaska Department of Environmental Conservation;
• If food service is provided, it must meet State of Alaska requirements for food service;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained pursuant to 14.20.150(i)(5).
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
comment was closed.
VOTE:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre
NAY:
MOTION PASSED UNANIMOUSLY.
b. Resolution PZ2019-19 – Application for Transfer of Conditional Use Permit PZ06-85
(PZ05-26) for a hotel, guide service, and boat parking from Blue Heron Land Company,
LLC, Transferor, to Blue Heron Enterprises, LLC, Transferee, located at 1105 Angler
Dr., Kenai, Alaska 99611; further described as Lot 6, Anglers Acres Subdivision, Part 3.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-19 with staff recommendations
and Commissioner Halstead SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the transfer was due
to a name change and the current permit holder met the conditions of the permit and, based on
the review of criteria, found that the permit could be approved with the following conditions:
• Further development of the property must comply with all federal, State of Alaska, and
local regulations;
• A biennial fire inspection must be completed by the Fire Marshal for the City of Kenai
pursuant to Kenai Municipal Code 14.20.321(d);
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained pursuant to 14.20.150(i)(5).
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
comment was closed.
Clarification was provided that staff was not aware of any complaints regarding the operation of
the business.
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Planning and Zoning Commission Meeting Page 5 of 6
June 12, 2019
VOTE:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre
NAY:
MOTION PASSED UNANIMOUSLY.
c. Discussion/Recommendation – Authorizing the City Planner to draft and send a letter
to the Kenai Peninsula Borough supporting a request by the developer of Kee’s Tern
Subdivision for a one-year time extension to finalize the plat.
City Planner Appleby reviewed the staff report provided in the packet.
MOTION:
Commissioner Askin MOVED to authorize the City Planner to draft and send a letter to the Kenai
Peninsula Borough supporting a request for a one-year extension for the developer of the Kee’s
Tern Subdivision and Vice Chair Fikes SECONDED the motion.
Clarification was provided that some extensions were typically approved for plats; however, this
development seemed to require more than usual.
It was suggested that there be berms or gates built on the roads to prevent illegal activity taking
place in the undeveloped subdivision.
VOTE:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action agenda from the June 5 City
Council Meeting.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on June 10 and
provided an update on the actions at that meeting.
c. Admin istration – City Planner Appleby reported on the following:
• Provided an update on iPad acquisition;
• Bike Trail Map had been finalized and was available;
• Provided an update on the TRASHercize events;
• Noted the upcoming Council work session on land sale and leasing policy;
• Noted plans to conduct site visits for resource extraction Conditional Use Permits;
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Planning and Zoning Commission Meeting Page 6 of 6
June 12, 2019
• Suggested moving a work session to discuss the sign code.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION – July 10, 2019
It was noted three Commissioners would be absent July 10. It was decided the July 10 meeting
would be cancelled; next regular meeting July 24; next work session, June 25.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin noted a university was working on a cognitive test for marijuana; also a study
in Ohio showed 80% of accidents were due to operation under the influence.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:50 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
Page 92
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
JUNE 26, 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, V. Askin, T.
McIntyre, J. Halstead, G. Greenberg
Commissioners absent: G. Greenberg
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
City Clerk J. Heinz, City Manager P. Ostrander, Council
Liaison B. Molloy
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda as presented with the inclusion of the
amendment memo for item 6a and Commissioner Halstead SECONDED the motion. There were
no objections; SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and Commissioner Greenberg
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 5
June 26, 2019
e. *Excused absences – None.
2. *APPROVAL OF MINUTES
a. June 12, 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 PZ2019-23 – Application for Amendment to Conditional Use Permit PZ2018-
16 to remove the hours of operation restriction for the Retail Marijuana Store, submitted
by Clint A. Pickarsky d/b/a Kenai River Cannabis, P.O. Box 1016, Soldotna, AK 99669,
for the property described as Lot 4, Block 1, Bush Lanes Subdivision, located at 14429
Kenai Spur Highway, Kenai, Alaska 99611
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-23 recommendations and
Commissioner Halstead SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the amendment to
the Conditional Use Permit would remove the hours of operation restriction and, based on the
review of criteria, found that the permit could be approved with the following conditions:
• Further development of the property shall conform to all State and local regulations;
• A building permit will be required for the remodeling of the Commercial Marijuana
Establishment as shown on the submitted floor plan;
• Prior to the operation of the Commercial Marijuana Establishment, the property owner
shall submit a copy of an approved Business License issued by the State of Alaska,
Department of Commerce, Community, and Economic Development;
• Prior to the operation of the Commercial Marijuana Establishment, the property owner
shall submit a copy of an approved and fully executed license from the Alaska Alcohol and
Marijuana Control Board. The applicant shall comply with all regulations as stipulated by
the State of Alaska Marijuana Control Board;
• Pursuant to Kenai Municipal Code Section 14.20.330(e), the Commercial Marijuana
Establishment shall not emit an odor that is detectable by the public from outside the
Commercial Marijuana Establishment;
• A sign permit will be required for the construction of any proposed signage;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155.
City Manager Ostrander noted the hours of operation requirement placed an inequity between
retail stores in the City and regardless of the change of hours the applicant requested, a better
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June 26, 2019
avenue to restrict hours of operation would be by ordinance.
Chair Twait opened the floor for public testimony.
Marilyn Wheeless noted she was a proponent of legalizing commercial marijuana; however, she
wasn’t in favor of the hours of operation being so broad noting the added traffic, headlights, doors
slamming, and the like brought by the establishment. She also noted the operator had erratic
hours and that she didn’t appreciate the giant green “Gumby” across from her house. Ms.
Wheeless spoke in favor of an ordinance to limit all marijuana retail stores to specific hours
Clint Pickarsky noted he lived in Sterling and ran his business in Kenai, in compliance with Alcohol
and Marijuana Control Office Regulations regarding lights and signage.
There being no one else wishing to be heard, public comment was closed.
MOTION TO AMEND :
Commissioner Springer MOVED to amend by replacing the fourth whereas clause with the
following “removing the condition for specific operating hours would still meet the criteria for the
issuance of the of the conditional use permit; and,” and Commissioner Halstead SECONDED the
motion.
It was suggested that because this particular business was the last one, and hours of operation
had been discussed in previous Conditional Use Permit proceedings, could have been the reason
hours of operation were added to this particular Permit.
VOTE ON THE AMENDMENT:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
There was discussion in favor of restricting hours of operation but doing it by ordinance instead
of by Conditional Use.
Hours of operation for other retail stores in the City were provided.
VOTE ON THE MAIN MOTION:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the fifteen-day appeal period.
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
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June 26, 2019
a. Resolution PZ2019-22 – Application for a Home Occupation Permit to operate a
daycare of no more than eight (8) children under the age of twelve (12), including
children related to the caregiver, submitted by Glenn and Charlotte Yamada, 1806 4th
Avenue, Kenai, Alaska 99611, for property described as lot 1-C, Block 1, Spruce Grove
Subdivision, Murphy’s Replat.
MOTION:
Commissioner Askin MOVED to approve Resolution No. PZ2019-22 with staff recommendations
and Commissioner Halstead SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the applicant had
operated the business in a former location and wanted to move her business and, based on the
review of criteria, found that the Home Occupation Permit could be approved with the following
conditions:
• Further development of the property must comply with all federal, State of Alaska, and
local regulations;
• Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the
Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC 8.05) shall
be grounds for the suspension or revocation of the facilities’ home occupation permit.
VOTE:
YEA: Springer, Halstead, Fikes, Askin, Twait, McIntyre, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
9. PENDING ITEMS – None.
10. REPORTS
a. City Council – Council Member Molloy reviewed the action agenda from the June 19
City Council Meeting and provided an overview of the July 3 draft agenda.
b. Borough Planning – Vice-Chair Fikes reported the Commission met on June 24 and
provided an update on the actions at that meeting.
c. Administration – City Planner Appleby reported on the following:
• Upcoming meetings;
• An upcoming presentation on the land code changes;
• Upcoming Dipnet Operations;
• Environmental Impact Statement for the Alaska LNG project had been delayed;
• Fiscal Year 2020 began July 1.
11. ADDITIONAL PUBLIC COMMENT – None.
12. INFORMATIONAL ITEMS – None.
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June 26, 2019
13. NEXT MEETING ATTENDANCE NOTIFICATION – July 24, 2019
It was noted the July 10 meeting would be cancelled for lack of a quorum.
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Halstead requested a resolution recommending an ordinance setting hours of
operations for the retail marijuana stores be brought forth at a future meeting; also expressed
appreciation for the various reports.
Commissioner Greenberg agreed with the request for a resolution recommending an ordinance
to set hours of operations and that the businesses be contacted when developing hours of
operation.
Commissioner Springer also agreed with the request for a resolution recommending an ordinance
to set hours of operations, clarified alcohol and marijuana licensees all had the same hours of
operation requirements in state regulations, and suggested consulting with the attorney on
singling out the marijuana industry on hours of operations.
Commissioner Fikes also agreed with the request for a resolution recommending an ordinance to
set hours of operations and suggested businesses across the industry be consulted to make a
fair playing field and to get input from law enforcement as well.
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:56 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
Page 97
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: JULY 3, 2019
VENDOR DESCRIPTION DEPT.
CROWLEY FUEL FLOAT PLANE BASIN FUEL AIRPORT
ACCOUNT AMOUNT
OPERATING SUPPLIES 3,807.92
Page 98
Page 99
JULY 3, 2019
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item D.1. Resolution No. 2019-45
• Amendment Memo City Manager
• Amended Facility Agreement City Manager
Remove item G.2. Purchase Orders Over $15,000 City Clerk
Add to item G.3. Special Use Permit for Use of City Dock
• Amended Special Use Permit City Manager
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Paul Ostrander, City Manager
DATE: July 3, 2019
SUBJECT: Resolution No. 2019 – 45 – Facility Management Agreement for the
Kenai Visitor and Cultural Center – Amendment memo
____________________________________________________________________________
There are several blanks in Resolution No. 2019-45 that need to be completed prior to adoption.
The following amendments are offered:
1) The second whereas should be amended to read “WHEREAS, the award of the
Agreement is in the amount of $95,000 beginning July 4, 2019 or as soon as possible
thereafter, and ending June 30, 2020; and,”
2) Section 2 should be amended to read “That the compensation for the Facility Management
Services shall not exceed $95,000. Sufficient funds have been budgeted.”
Thank you for your consideration.
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Kenai Visitor and Cultural Center Agreement
Page 1 of 15
AGREEMENT FOR FACILITY MANAGEMENT SERVICES
AT THE KENAI VISITOR AND CULTURAL CENTER FACILITY
THIS AGREEMENT is made this ____ day of _______________ 2019, by and
between the CITY OF KENAI (Owner), whose address is 210 Fidalgo Avenue, Kenai, AK
99611-7794, and Kenai Chamber of Commerce and Visitor Center, Inc. (Contractor),
whose address is 11471 Kenai Spur Highway, Kenai AK, 99611.
RECITALS:
Owner desires to retain the professional services of Contractor to manage the
Kenai Visitor and Cultural Center located at 11471 Kenai Spur Highway in the City of
Kenai.
Contractor is a professional in this area and specifically in the provision of visitor
services to the public and has the experience, skill, knowledge, and competence to
perform these services.
Owner wants to contract for the provision of these services by Contractor in order
to obtain best financial arrangements for the City and provide affordable and quality
experiences for its residents and Facility users. Contractor agrees to perform its services
under this Agreement with due diligence and due care and in a good and professional
manner.
Owner and Contractor therefore agree as follows:
1. Definitions. For this Agreement, the following definitions apply:
A. “Manager” means the Kenai City Manager or their designee as agent for
and on behalf of Kenai.
B. “Concession” means all sales or rentals of goods or services in the Facility,
including retail sales, the parts of the Facility where those sales or rentals are made, and
equipment or facilities in the Facility used for those sales or rentals.
C. “Contractor” shall mean Kenai Chamber of Commerce and Visitor Center,
Inc.
D. “Council” means the Kenai City Council.
E. “Facility” means the Kenai Visitor and Cultural Center located at 11471
Kenai Spur Highway in Kenai, Alaska.
F. “Management” or “management services” means performing all work to
operate and provide the services and reports required by this Agreement and all work
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Kenai Visitor and Cultural Center Agreement
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necessary to support the Facility’s provision of service to the public, including but not
limited to, supervision of staff, supervision and control of participants using the Facility
and accessing any programs at the Facility, keeping the Facility in a clean and sanitary
condition, managing and maintaining displays of the permanent collection at the Facility,
scheduling use of the Facility, encouraging activities and programs at the Facility, and
charging City-approved fees and rent for portions of the Facility upon written consent, as
well as selling merchandise at the Facility.
G. “Owner” or “City” means the City of Kenai.
2. Term. The term of this Agreement shall begin on ______________ (date),
and end on ______________ (date). Neither party has any obligation to agree to extend
the initial term of this Agreement.
3. Compensation.
A. Owner shall pay Contractor a fee of $______________ per month for
management of the Facility for the term of this Agreement. Owner will pay the fee in equal
monthly installments, payable within fourteen (14) days after billing by Contractor. Any
compensation due for portions of a month for which services are provided by Contractor
will be pro-rated to a daily rate.
B. Except as may otherwise be stated in this Agreement, Owner will not
provide any additional compensation, payment, service, or other thing of value to
Contractor in connection with performance of its obligations under this Agreement.
Contractor’s overhead and other indirect or direct costs Contractor may incur in
performing its obligations under this Agreement have already been included in
computation of Contractor's fee and may not be separately charged to the Owner.
C. Subject to Appropriation. Contractor recognizes that compensation for its
management services require the Council to annually appropriate funds for payment of
the management services. The obligation of Owner to provide funding under this
Agreement is subject to the availability of funds lawfully appropriated for that purpose by
the Council. The termination of this Agreement due to fiscal necessity and/or non-
appropriation of funds by Owner shall not constitute a breach or default of Owner. In the
event of a non-appropriation of funds, Owner may terminate this Agreement under
Section 16(B), below, however termination shall not be subject to sixty (60) days’ notice.
Instead, Owner shall give reasonable advance notice of non-appropriation as soon as
practicable but in no case shall notice be less than ten days in advance of the effective
termination date.
4. Independent Contractor; No Agency. Contractor’s relationship with
Owner shall be that of an independent contractor with the authority to control and direct
the performance of the details of the management services that are the subject of this
Agreement. Nothing contained in this Agreement shall be construed to create an agency,
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Kenai Visitor and Cultural Center Agreement
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partnership, joint venture, or employee-employer relationship between Owner and
Contractor. Contractor is not the agent of Owner and Contractor is not authorized to
make any representation, contract, or commitment on behalf of Owner.
5. Scope of Services—General Obligations of Contractor.
A. Operations. Contractor shall perform the management work and all services
on an as needed/scheduled basis as determined by Contractor (except where specifically
identified below).
B. Services. Contractor agrees to make the Facility available to community
user groups and/or organizations in order to serve the varied interests and needs of the
community.
C. Concessions. Contractor may provide, at its own expense, business,
educational, cultural, or other services to the general public that are not inconsistent with
this Agreement. Contractor shall have the exclusive right to operate concessions,
including retail sales, in the Facility. Contractor is responsible for defining said services
and coordinating all aspects of service offerings, whether required under this Agreement
or offered as an additional concession of Contractor.
D. Fees. Contractor may charge a fee approved by the City for use of the
Facility and/or for participation in any programs and/or services it provides unless
otherwise specified in this Agreement. Any fees charged by Contractor for any purpose
must not discourage public use of the Facility and should be consistent with fees charged
for similar services at other facilities.
E. Public Facility. The programs provided in the Facility must be generally
available to the public. Contractor may not restrict appropriate public participation at the
Facility and may not restrict public access for appropriate use of the Facility.
F. Employees. It is Contractor’s duty to train Contractor’s employees in order
to provide the management services. The management services shall be performed by
qualified, careful, and efficient employees in strict conformity with the best practices and
highest applicable standards. The manner in which these services are performed shall
be determined by Contractor. Contractor shall pay all salaries and expenses of, and pay
all federal social security taxes, federal and state unemployment taxes, and any similar
payroll taxes relating to, Contractor’s employees.
G. Permits, Licenses, and Certificates. Contractor shall obtain and maintain
all necessary licenses and permits (including but not limited to permits/ licenses required
for possession and display of artifacts and taxidermy specimens); comply with the
requirements of all permits; pay all taxes lawfully imposed on Contractor’s business; and
pay any other fee or charge assessed under any applicable public statute, regulation, or
ordinance. Said licensing includes, but is not limited to, obtaining state and borough
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Kenai Visitor and Cultural Center Agreement
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business licenses and tax certificates, and, where applicable to Contractor, paying all
taxes and filing all documents necessary to maintain Contractor’s status as a corporate
entity in good standing in the State of Alaska.
H. Taxes and Assessments. Contractor shall pay all taxes lawfully imposed
on its business, and pay any other fee or charge assessed under any applicable public
statute, regulation, or ordinance. Contractor shall collect and pay any and all gross
receipts, compensation, transaction, sales, use, payroll, or other taxes and assessments
of whatever nature and kind levied or assessed as a consequence of the work performed
or on the compensation paid to Contractor or to Contractor’s employees or contractors
under or arising out of this Agreement.
6. Scope of Services—Specific Performance Requirements.
A. Specific Activities Required. Unless Owner (as approved by the Council)
requests termination of a service, Contractor shall provide the following services at the
Facility on a regularly-scheduled basis:
Visitor Center Management:
a. The City provides non-exclusive access to the City-owned Kenai Visitor and
Cultural Center. Located at 11471 Kenai Spur Highway, the Facility was
constructed in 1992 and is approximately 9,340 square feet, including a
1,980-square-foot Cultural Exhibition Area, which houses the City’s
permanent collection of natural history objects, archeological material,
native artifacts and contemporary art. The Facility also includes a
conference room, reception, boardroom, two offices, loading area, copy
room, kitchen, storage, bathrooms and basement. The Contractor may
charge City-approved fees and rent for portions of the center upon written
consent, as well as sell merchandise at the Facility to defray costs
associated with Facility management. All fees and rents must be the same
for all users unless differentiated in the approved fee schedule or approved
by the Owner. The Owner shall not negotiate rental agreements directly with
tenants.
b. The City provides maintenance, groundskeeping, snow removal, security
monitoring, and utilities (water, sewer, electrical, natural gas, and local
telephone services excluding long distance telephone charges, and internet
services) at no cost to the Contractor. The Contractor must keep the Facility
in a clean and sanitary condition and is responsible for janitorial services
and operating supplies. During the term of this Agreement, local telephone
service will not be provided by the Contractor Owner until August 15, 2019.
c. The Contractor maintains adequate staffing during operating hours to
provide service to the public. As the first stop made by visitors to find
information about the Kenai area, the Contractor must provide information
on Kenai community and visitor programs, events, and exhibits in a friendly
and enthusiastic manner. The Contractor will refer visitors to all businesses
and service providers in the City of Kenai.may not refer visitors to
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Kenai Visitor and Cultural Center Agreement
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businesses outside the City of Kenai when businesses in the City provide
the same or similar services regardless of Kenai Chamber of Commerce
and Visitor Center membership.
d. The Contractor provides an agreed upon plan of operations for
management of the Kenai Visitor and Cultural Center Facility to include but
not be limited to proposed staffing, hours of operations, scheduling and
managing use of the Facility with high standards commensurate to a high-
visibility structure and to ensure operations run efficiently and maintain the
safety, appearance, and the efficient/effective use of the Facility to host
community and visitor programs, events, and exhibits without favoritism or
discrimination.
e. The Contractor manages, creates, and maintains displays of the City of
Kenai’s permanent collection of natural history objects, archeological
material, native artifacts and contemporary art and encourages use of the
Facility for events and exhibits that promote Kenai’s abundant natural
resources and diverse community and provides an inventory of all items in
the City’s collection.
f. The Contractor tracks and provides a monthly report on the number and
estimated nature of visitors to the Center, Facility rentals, and participants
at events and exhibits.
B. Operating Hours; Calendar. Contractor will maintain daily and monthly
schedules of services and activities held at the Facility and shall provide public access to
this schedule. Contractor shall operate the Facility according to this published schedule.
Special events outside of normal operating hours need not be published.
C. Fee Schedule. Contractor shall develop and publish fee schedules for all
services, events, and activities conducted at the Facility and for all charges made to the
public for use of the Facility and its equipment. The fee schedule must be approved in
advance by the City Manager and may be subject to change by the Council.
D. Revenues. Contractor shall collect all revenues generated at the Facility
and shall use generally-accepted accounting principles and appropriate internal controls
for its accounting activities. Contractor agrees that Owner shall not be liable or
responsible for funding any deficits or delinquencies owed to Contractor other than the
payments required under Section 3 of this Agreement.
E. Repairs. Contractor bears the responsibility for the cost of repairs of the
structure or its internal components and equipment due to any damage or breakage
caused by the negligence or intentional act of the Contractor or of a client during operating
hours of the Facility due to or allowed through negligence by the Contractor.
F. Janitorial; Appearance. Contractor shall keep the Facility in a clean and
sanitary condition. Contractor shall pay for and provide all janitorial services and supplies
required to keep the Facility clean and presentable. Contractor shall not permit any
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Kenai Visitor and Cultural Center Agreement
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garbage or other refuse to accumulate in the Facility or on the grounds surrounding the
Facility.
G. Security. Contractor will take all reasonable precautions to prevent
unauthorized entry into the Facility, including the placing of signs or other devices
intended to deter or restrict such entry. Contractor shall develop and follow policies and
procedures relating to issuing keys, handling cash and deposits, opening and closing,
and dealing with difficult patrons.
H. City Use. The City may use the Facility for City sponsored events at no
cost to the City. All City events shall be coordinated with Contractor so as not interfere
with prior scheduled services.
7. Contractor’s Reporting and Planning Requirements.
A. Operations Plan. Contractor shall provide Owner with an Operations Plan
on a timely basis. Contractor shall work with the City Manager’s office to ensure the
Operations Plan meets the requirements and expectations of Owner.
B. Facility Operating Budget. The Contractor will submit to Owner its
Operating Budget on a timely basis. The budget should include all projected and the prior
year’s actual operating and capital costs for the Facility, including a projected income and
expense statement and a projected end balance sheet. The budget must also include
detailed projections of revenues by category and source; operating expenses by
category; numbers served by category; and administrative and general expenses to
Contractor in managing the Facility.
C. Report. Contractor will submit to Owner a report identifying usage of the
Facility by program for the term of the Agreement. The report must include but not be
limited to actual staffing, hours of operations, scheduling and use of the Facility, rental
fees, number of visitors, an updated inventory of Owner’s equipment and furnishings
purchased, and a detailed description, including costs, for equipment needing to be
replaced. Contractor must submit the report on or before the end of the term of this
Agreement beginning _______________ (date).
8. Owner’s Obligations. Owner shall perform the following functions or
provide the following materials related to the Facility:
A. Operations and Maintenance Costs. Owner is responsible for maintenance
and repair of the Facility required by normal wear and tear. Owner will perform routine
maintenance on all incorporated systems in the Facility including fire suppression and
alarm systems, electrical systems, mechanical systems, plumbing systems, and HVAC.
Contractor must notify the City Manager, or designee about any Facility maintenance or
repair requirements in a manner as requested by Owner. This duty of Owner does not
extend to maintenance on a system required due to Contractor’s failure to properly
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Kenai Visitor and Cultural Center Agreement
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supervise and manage the Facility during business hours (for example, vandalism in the
Facility during schedule working hours).
B. Utilities. Owner shall pay the following utility costs for the Facility: water,
sewer, electrical, natural gas, telephone and internet service (excluding long-distance,
conference call, and other extraordinary phone charges).
C. Snow Removal. Owner is responsible for snow removal from the parking
lot of the Facility as well as snow removal from all sidewalks around the building and
leading up to the building.
D. Groundskeeping. Owner shall maintain the grounds on the exterior of the
Facility, subject to Contractor’s obligation to keep the grounds of the Facility free of
garbage and refuse.
E. Equipment Replacement. Owner is responsible for the replacement of
Owner-owned equipment as necessary due to normal wear and tear of the equipment.
F. Insurance. Owner shall provide Broad-Form Property Damage Insurance
for the Facility.
9. Ownership of Equipment and Furnishings.
A. Owner recognizes that Contractor will from time-to-time purchase
equipment and furnishings to accomplish the work and provide the management services
required and the concessions allowed under this Agreement. Equipment and furnishings
purchased with Contractor funds shall be the sole property of Contractor. Equipment and
furnishings donated to Contractor shall be the sole property of Contractor. Contractor
shall provide Owner an updated list of Contractor property at the inception and conclusion
of this Agreement and at such time asequipment or furnishings are acquired.
B. Equipment and furnishings purchased with Owner funds or with any funds
provided by grants from Owner shall be the sole property of Owner. Contractor will mark
and inventory this Owner property and provide Owner with a copy of the inventory with
reports required by this Agreement.
C. Prior to occupying the Facility, Contractor and Owner will conduct a
walkthrough to investigate conditions of the Facility and equipment inside the Facility.
10. Alterations and Renovations. Contractor may not make any alterations
or renovations to the Facility without the prior written consent of Owner. Contractor shall
provide Owner with an actual cost report within ten days of completion of any alteration
or renovation project.
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11. Signs. Contractor may not place or erect poles, lights or devices on the
exterior of the Facility or the curtilage or on adjacent property without the prior written
consent of Owner.
12. Fundraising. Fundraising using the name of, or on behalf of, the City of
Kenai or the Kenai Visitor and Cultural Center must be approved in advance in writing by
the City Manager.
13. Insurance.
A. Contractor shall, at Contractor’s own expense, secure and maintain the
following insurance:
i. Comprehensive general liability insurance, including premises, all
operations, property damage, personal injury and death, broad-form
contractual coverage with a per occurrence limit of not less than
$1,000,000 combined single limit;
ii. Worker's compensation insurance with coverage for all employees
engaged in work under this Agreement as required by AS 23.30.045
(Contractor is responsible for worker's compensation insurance for
any subcontractor who directly or indirectly provides services under
the Agreement); and,
iii. Comprehensive automobile liability insurance covering all owned,
hired, and non-owned vehicles with coverage limits not less than
$1,000,000 combined single limit per occurrence.
Where specific limits are stated, the limits are the minimum acceptable limits. If
Contractor’s insurance policy contains higher limits, Owner is entitled to coverage to the
extent of the higher limits.
B. All insurance required by this Section 13 shall meet the following additional
requirements:
i. For comprehensive general liability and automobile liability
insurance, name the City of Kenai as an additional insured;
ii. For worker’s compensation insurance, general liability, and
automobile liability insurance, where possible, include a waiver of
subrogation so that the insurer waives all rights of subrogation
against the City of Kenai for payments made under the policy;
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Kenai Visitor and Cultural Center Agreement
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iii. Provide Owner with at least thirty (30) days’ written notice before any
termination, cancellation, or material change in insurance coverage
is effective; and,
iv. Be issued by a company/corporation currently rated “A-” or better by
A.M. Best.
C. Contractor shall submit to Owner proof of insurance coverage in the form of
insurance policies, certificates, endorsements, or a combination thereof, and signed by a
person authorized by the insurer to bind coverage on its behalf. The effective date of the
insurance will be no later than the first day of the term of this Agreement.
D. The indemnification and insurance coverage requirements stated in this
Section 13 and in Section 14 below do not relieve Contractor of any other obligation under
this Agreement.
E. Owner may increase the amount or revise the type of required insurance
upon written demand without requiring amendments to this Agreement. Owner will base
any increase or revision upon reasonable and justifiable grounds. Within two weeks of
the written demand, Contractor shall submit to Owner evidence of insurance coverage
that meets the requirements of Owner.
14. Indemnity, Defend, and Hold Harmless Agreement. Contractor shall
indemnify, defend, and hold harmless Owner and its agents, employees, and/or insurers
from claim, loss, damage, liability, including injury and death or expense in any way
related to any act or omission of Contractor or Contractor’s employees, agents, or invitees
arising out of Contractor’s performance of services under this Agreement, except to the
extent any negligence of Owner or its employees or agents is a proximate cause of any
injury or damage. If a third party asserts a claim against Contractor and Owner, Contractor
and Owner shall seek in good faith to achieve Agreement to an apportionment of fault as
between them without an independent of litigation. This provision shall survive expiration
or termination of this Agreement.
15. Notice of Accident, Injury, or Claims.
A. Each party shall give to the other prompt and timely written notice of any
claim made or suit instituted within its knowledge that in any way, directly or indirectly,
contingently or otherwise, affects or might affect the other party.
B. Contractor shall report all incidents of accident or injury promptly in writing
to the City Manager of Kenai.
16. Termination.
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A. For Cause. If either party fails to perform any of the terms, conditions,
covenants, or obligations under this Agreement, the other party may terminate this
Agreement. As a condition of the exercise of the right of termination, the terminating party
must notify the other party in writing of its intent to terminate, stating with reasonable
specificity the reasons for termination for cause. Upon receiving this written notice, the
other party will have 30 calendar days to cure the default(s). If the other party fails to cure
all defaults to the satisfaction of the other party within thirty (30) days, the party may
declare the Agreement terminated.
B. Termination for Convenience of the City. Owner may terminate this
Agreement at any time by giving written notice to Contractor of its intent to terminate.
Owner shall provide contractor with at least sixty (60) days’ advance notice of its election
to terminate for its convenience. All finished or unfinished documents, surveys, reports,
and/or other material prepared by Contractor under this Agreement are the property of
Owner and Contractor hereby agrees to peaceably return all such items to Owner by or
upon the effective date of termination and as may be further instructed by Owner.
Contractor shall be entitled to receive compensation for services rendered up to and
through the date of termination.
17. Duties Upon Termination.
A. Upon termination of this Agreement under Section 16(A), Owner may take
immediate possession of the Facility.
B. Upon termination of this Agreement under Section 16(B), including
termination due to non-appropriation of funds by the Council, there shall be a transition
period of not greater than sixty (60) days with regard to the removal of Contractor’s
property from the Facility. If Contractor fails to vacate upon expiration of the transition
period, the City may remove and store the property at Contractor’s expense or store the
equipment at the Facility and charge Contractor a reasonable storage fee.
C. Contractor shall deliver to the Manager all documents, records, work
products, materials and equipment of Owner requested by the Manager.
D. If Contractor’s services are terminated for any reason, Contractor’s claim
for compensation shall be limited to payments due based on a proportional number of
days it operated the Facility without prior compensation. Contributions in kind are not
eligible for reimbursement unless this contribution is directed toward approved,
appraisable improvement to the Facility. Upon termination, any alteration or renovation
to the Facility approved by Owner in writing, will be reimbursed at fair market value or
actual cost as reported to Owner (whichever is less) unless the parties have previously
otherwise agreed. If necessary, fair market value of such improvements will be
determined by a professional appraiser. The appraiser will be selected jointly by the
parties and the appraisal fee will be split equally.
Page 12 of 23
Kenai Visitor and Cultural Center Agreement
Page 11 of 15
18. Records and Right to Audit.
A. Contractor agrees to keep reliable accounting records and to prepare
financial statements in accordance with generally accepted accounting principles.
B. Contractor shall make available to Owner for audit, examination, and
copying, all of Contractor’s records with respect to all matters covered by this Agreement
continuing for a period ending six (6) years after the date of expiration or termination.
These records include, but are not limited to financial statements, ledgers, invoices,
inventories, reports, employment Agreements and other contracts related to Contractor’s
provision of services under this Agreement. Contractor shall make available for
examination all such records, and in such form as the City may reasonably require, at any
time during Owner’s normal business hours. Contractor shall make such records
available to Owner upon ten business days’ notice, except in the case of emergency
where Contractor shall make such records available immediately.
C. In performing audits and investigations, Owner shall not unduly interfere
with the ability of Contractor to perform its duties under this Agreement.
19. Right of Entry. Owner, its officers, employees, agents, and
representatives may enter the Facility during operating hours to make inspection of the
Facility and/or to perform maintenance activities. Owner will make reasonable attempts
to notify Contractor if it requires emergency entry after operating hours.
20. No Discrimination. Contractor shall not discriminate on the grounds of
race, color, religion, national origin, ancestry, age, or sex against any patron, employee,
applicant for employment, or other person or group of persons in any manner prohibited
by federal or State law. Contractor recognizes the right of Owner to take any action
necessary to enforce this requirement.
21. Administration of this Agreement.
A. The Kenai City Manager is the representative of the City in administering
this Agreement.
B. Contractor is responsible for the direct supervision of Contractor’s
personnel through Contractor’s designated representative, and such representative shall
in turn be available at all reasonable times to confer with the Owner’s representative with
respect to the services. The designated representative for Contractor is
____________________________. In the event that Contractor’s representative is
unable to continue to serve as Contractor’s representative, Contractor shall appoint a
successor subject to a written approval of the Owner.
22. Notices. Any notice or communication required or permitted under this
Agreement shall be in writing, addressed to the appropriate party at the address given
Page 13 of 23
Kenai Visitor and Cultural Center Agreement
Page 12 of 15
below for the type of delivery, and given personally, by certified mail (return receipt
requested), or by electronic mail. Notice by facsimile will NOT be accepted. All notices
shall be effective upon the date of receipt, except if the notice or communication is
received after 5:00 p.m. on a business day, or on a day that is not a business day of the
receiving party, and then the notice or communication is deemed received at 8:00 a.m.
on the next business day.
Owner: City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Attn: City Manager
Email: postrander@kenai.city
Contractor: Kenai Chamber of Commerce and Visitor Center, Inc.
11471 Kenai Spur Highway
Kenai, AK 99611
ATTN:
Email:
Either party may change its address for notice by giving notice as provided herein to the
other party.
23. Miscellaneous Provisions.
A. No Lease. This Agreement does not lease, rent, or otherwise convey any
land or interest in real property or in the Facility or personal property of Owner’s and in
the Facility to Contractor.
B. Compliance with Laws. In performing its obligations, Contractor will comply
with all laws, ordinances, and regulations of duly-constituted public authorities now or
later enacted.
C. Assignment and Subcontract. Contractor shall not assign, subcontract,
and/or transfer any right, obligation, or part of the services or work to be performed under
this Agreement without prior written approval of the Owner. Any such assignment or
transfer or subcontracting of services without the consent of Owner shall constitute a
default of Contractor.
D. Assumption of Risk. Contractor shall provide all proper safeguards and
assume all risks incurred in performing the services.
E. No Waiver. If Owner does not insist in any one or more instances on the
strict performance by Contractor of any requirement under this Agreement, it is not a
waiver or relinquishment for the future, but the requirement will continue in full force. An
Page 14 of 23
Kenai Visitor and Cultural Center Agreement
Page 13 of 15
Owner waiver of any provision or requirement in this Agreement cannot be enforced nor
relied on unless the waiver is in writing and signed on behalf of Owner.
F. Integration and Modification. This Agreement contains the entire
Agreement of the parties. All negotiations, statements, representations, warranties, and
assurances, whether oral or written, which are in any way related to the subject matter of
this Agreement or the performance of either party, are merged and integrated into this
Agreement. This Agreement may not be modified except in writing signed by both parties.
G. Applicable Law/Venue. In any dispute between the parties, the laws of the
State of Alaska shall govern. If any such dispute results in a lawsuit, the parties will bring
the lawsuit before the courts of the State of Alaska in the Third Judicial District at Kenai.
H. Attorney’s Fees and Costs. In the event that either party is in default in the
performance of any of its obligations under this Agreement and any legal proceeding
including arbitration is brought, the defaulting party shall pay to the other all actual costs
and all expenses incurred in the action, including actual, reasonable attorney's fees.
I. Remedies. No right or remedy here conferred upon or reserved to either
party is intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given, or now
or later existing at law or in equity or by statute.
J. Rules of Interpretation. Headings of Sections are solely for convenience of
reference and shall not affect meaning, construction, or effect of this Agreement. Unless
the context otherwise indicates, words expressed in the singular shall include the plural
and vice versa. Unless the context otherwise indicates, the use of the neuter, masculine,
or feminine gender shall include the others as well.
K. Computation of Time. If any due date for a report or notice required under
this Agreement falls on a weekend or on a City of Kenai holiday, the report or notice will
be timely if filed with Owner on the next regular business day.
L. Validity of Parts. If any term, condition, or provision of this Agreement is
declared void or unenforceable, or limited in its application or effect, such event shall not
affect any other provisions hereof and all other provisions shall remain fully enforceable.
M. Authority. Contractor represents that Contractor has read this Agreement
and Contractor agrees to be bound by its terms and conditions and that the person signing
this Agreement is duly authorized to bind Contractor.
N. Effective Date. This Agreement is effective upon the latter signature of all
parties and approval by the Kenai City Council.
Page 15 of 23
Kenai Visitor and Cultural Center Agreement
Page 14 of 15
The parties have caused this Agreement to be executed in their respective names or by
their duly authorized representatives.
CITY OF KENAI CONTRACTOR
By: By:
Paul Ostrander Date ______________________ Date
Its: City Manager Its: ___________________
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ___ day of ______, 2019, by
Paul Ostrander, City Manager of the City of Kenai, an Alaska municipal corporation, on
behalf of the City.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by _____________________________, __________________________ (Title) of
Kenai Chamber of Commerce and Visitor Center, Inc. an Alaska corporation, on behalf
of the corporation.
NOTARY PUBLIC for State of Alaska
My Commission Expires:
ATTEST:
Page 16 of 23
Kenai Visitor and Cultural Center Agreement
Page 15 of 15
__________________________
City Clerk
SEAL:
APPROVED AS TO FORM:
__________________________
Scott Bloom, City Attorney
Page 17 of 23
210 Fidalgo Avenue, Kenai, AK 99611
www.kenai.city (907) 283-8236
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants to PERMITTEE) the non-exclusive right
to use the City Dock Crane and associated dock space and infrastructure as described below:
open dock space, furthest downriver (National) Crane and floating docks
and as further shown in the attached Exhibit A.
1. TERM. This special use permit shall be from _____________ to Seasonal Closure of
Dock Facility in 2019.
2. PERMIT FEES. The Permittee shall be charged a permit fee of $1000.00 plus applicable
sales tax.
The Permittee shall pay the City the permit fee on or before .
Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai
and delivered to the City Hall, 210 Fidalgo Avenue, Kenai, Alaska 99611 on or before the
first of each month.
In addition to the permit fee specified above, the Permittee agrees to pay to the appropriate
parties all levies, assessments, and charges as hereinafter provided:
A. Sales tax enforced, or levied in the future, computed upon the permit fee payable in
monthly installments whether said fee is paid on a monthly or yearly basis;
B. All necessary licenses and permits; all lawful taxes and assessments which, during
the term hereof may become a lien upon or which may be levied by the State, Borough,
City, or by any other tax levying body, upon any taxable possessory right which
Permittee may have in or to the Premises by reason of its use or occupancy or by
reason of the terms of this Permit, provided however, that nothing herein contained
shall prevent Permittee from contesting any increase in such tax or assessment
through procedures provided by law.
C. Interest at the rate of eight percent (8%) per annum and penalties of ten percent (10%)
of any amount of money owed under this Special Use Permit which are not paid on or
before the due date.
D. Costs and expenses incident to this Special Use Permit, including but not limited to
recording costs.
3. USE. The use by the Permittee of the Premises is limited to the purpose of Crane
Operations. This use is subject to City, Borough, and State laws and regulations and the
reasonable administrative actions of the City for the protection and maintenance of the
Premises and of adjacent and contiguous lands or facilities. Use of the Premises is subject
to the following conditions:
Page 18 of 23
Special Use Permit – City Dock Crane – 2019 Page 2 of 6
A. Permittee shall use the Premises only for loading and unloading of fish and other
equipment and goods.
B. Crane operations must be conducted in a manner not to interfere with other City and
Public Use of the Dock. Vehicles may not be parked, and equipment may not be placed
in any manner that blocks ingress and egress from the dock. Vehicles, boats and
equipment may not be left unattended at Dock or floats.
C. Unless specifically agreed to in a separately written authorization of the City Public
Works Director, Permittee may not receive payment or other compensation for
operation or use of the Crane.
4. TRAINING. Permittee shall, prior to operating any cranes owned by the City or permitting
any employee, agent, representative , service provider, or other person to operate any
City-owned crane, ensure and verify that each Covered Operator has successfully
completed:
A. Online Pedestal Crane Training from Hard Hat Training Series provided by Safety
Provisions, Inc., and present Certificate of Completion to City.
B. Proficiency training session with the Dock Cranes administered by the City's Dock
personnel.
C. Only those persons listed below as Permittee's Crane Operators may operate the
Crane. Permittee shall not allow any other person to operate the crane.
a. Names of Approved Crane Operators:
5. INDEMNITY, DEFEND, AND HOLD HARMLESS AGREEMENT. The Permittee shall
fully indemnify, hold harmless, and defend the City of Kenai, its officers, agents,
employees, and volunteers at its own expense from and against any and all actions,
damages, costs, liability, claims, losses, judgments, penalties, including reasonable
Attorney’s fees of or for liability for any wrongful or negligent acts, errors, or omissions of
the Permittee, its officers, agents or employees, or any subcontractor under this Permit.
The Permittee shall not be required to defend or indemnify the City for any claims of or
liability for any wrongful or negligent act, error, or omission solely due to the independent
negligence of the City. If there is a claim of or liability for the joint negligence of the
Permittee and the independent negligence of the City, the indemnification and hold
harmless obligation shall be apportioned on a comparative fault basis. Apportionment shall
be established upon final determination of the percentage of fault. If any such
determination is by settlement, the percentage of fault attributed to each party for purposes
of this indemnification provision shall only be binding upon the parties included in the
settlement agreement. “Permittee” and “City” as used in this article include the employees,
agents, officers, directors, and other contractors who are directly responsible, respectively,
for each party. The term “independent negligence of the City” is negligence other than in
the City’s selection, administration, monitoring, or controlling of the Permittee.
Page 19 of 23
210 Fidalgo Avenue, Kenai, AK 99611
www.kenai.city (907) 283-8236
6. DAMAGES. Permittee is solely responsible for any damage to the Crane and adjacent
Premises and Improvements during the term of this Permit. In the event that the Crane
and adjacent City Premises and Improvements are damaged or destroyed during the term
of this Permit, Permittee shall immediately notify the City and shall pay to the City all costs
Page 20 of 23
Special Use Permit – City Dock Crane – 2019 Page 4 of 6
of repair or replacement including, but not limited to replacement of locks or keys as
determined by the City Public Works Director.
7. NO WARRANTIES IMPLIED. The City, its officers, agents, and employees make no
warranties or representations as to the condition of the Crane and adjacent Premises and
Improvements or their suitability for Permittees use. Permittee uses the Crane, adjacent
Premises, and Improvements in AS IS CONDITION. Permittee shall inspect the Crane,
adjacent Premises, and improvements prior to use and report any defects, hazards, or
dangers to the Public Works Director before using. The City shall have no liability to
Permittee or to any other person for delays, loss of use, loss of income, damage to
property, personal injury, or death arising from or related to the availability, condition, or
use of the Crane or adjacent Premises or Improvements during the term of this Permit.
8. PERMITTEE’S OBLIGATION TO PREVENT AND REMOVE LIENS. Permittee will not
permit any liens, including mechanic’s, laborer’s, construction, supplier’s, mining, or any
other liens obtainable or available under existing law, to stand against the Premises or
improvements on the Premises for any labor or material furnished to Permittee or to any
related entity or claimed entity. The Permittee shall have the right to provide a bond as
contemplated by State of Alaska law and contest the validity or amount of any such lien
or claimed lien. Upon the final determination of the lien or claim for lien, the Permittee will
immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Permittee’s own expense.
9. PARKING.
10. PERSONAL PROPERTY. Personal property may not be left on the dock when permittee
is not actively using the crane for loading and unloading activities.
11. FORBEARANCE. Failure to insist upon a strict compliance with the terms, conditions,
and/or any requirement herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to exercise such terms, conditions, or
requirements.
12. TERMINATION, DEFAULT. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. The City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety. The
City may also terminate this Permit immediately, or upon notice shorter than 30 days, due
to a failure of Permittee to comply with conditions and terms of this Permit, which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period to correct the violation or breach.
13. NO DISCRIMINATION. Permittee will not discriminate on the grounds of race, color,
religion, national origin, ancestry, age, or sex against any patron, employee, applicant for
employment, or other person or group of persons in any manner prohibited by federal or
State law. Permittee recognizes the right of the City to take any action necessary to
enforce this requirement.
14. ASSIGNMENT. Permittee may not assign, by grant or implication, the whole any part of
this Permit, the Premises, or any improvement on the Premises without the written consent
of the City. Unless the City specifically releases the Permittee in writing, the City may hold
Page 21 of 23
Special Use Permit – City Dock Crane – 2019 Page 5 of 6
the Permittee responsible for performing any obligation under this permit which an
assignee fails to perform.
15. ASSUMPTION OF RISK. Permittee shall provide all proper safeguards and shall assume
all risks incurred in its activities on the Premises and its exercise of the privileges granted
in this Permit.
16. NO JOINT VENTURE. The City shall not be construed or held to be a partner or joint
venturer of Permittee in the conduct of its business or activities on the Premises.
17. SURVIVAL. The obligations and duties of Permittee under paragraphs 5 and 6 of this
Permit shall survive the cancellation, termination, or expiration of this Permit.
18. AUTHORITY. By signing this Permit, Permittee represents that is has read this
agreements and consents to be bound by the terms and conditions herein and that the
person signing this Permit is duly authorized by the business to bind the business
hereunder.
CITY OF KENAI Name:
By: By:
Paul Ostrander Date Date
City Manager Title:
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2019, the foregoing instrument was
acknowledged before me by Paul Ostrander, City Manager of the City of Kenai, Alaska, an Alaska
home rule municipality, on behalf of the City.
Notary Public for Alaska
My Commission Expires:
Page 22 of 23
Special Use Permit – City Dock Crane – 2019 Page 6 of 6
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 2019, the foregoing instrument was
acknowledged before me by .
Notary Public for Alaska
My Commission Expires:
ATTEST:
Jamie Heinz, CMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 23 of 23
Kenai City Council - Regular Meeting Page 1 of 4
July 03, 2019
Kenai City Council - Regular Meeting
July 03, 2019 – 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
ACTION AGENDA
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the council and will be approved by one motion. There will be no separate discussion
of these items unless a council member so requests, in which case the item will be
removed from the consent agenda and considered in its normal sequence on the agenda
as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2019-45 - Authorizing
a Facility Management Agreement with the Kenai Chamber of Commerce and
Visitor Center, Inc., for the Operation and Management of the Kenai Visitor and
Cultural Center. (Administration) [Clerk's Note: Council May Convene in Executive
Session to Discuss this Agenda Item, a Matter of which the Immediate Knowledge
may have an Adverse Effect Upon the Finances of the City (AS44.62.310(c)(1))]
2. ADOPTED UNANIMOUSLY. Resolution No. 2019-46 - Selecting Divining Point,
LLC, for City of Kenai Tourism and Marketing Services. (Administration)
3. FAILED. Resolution No. 2019-47 - Providing For The Submission To The Qualified
Voters Of The City Of Kenai, At The Regular Election Of October 1, 2019, The
Question Of Amending Article 10, Elections, Of The Charter Of The City Of Kenai
Kenai City Council - Regular Meeting Page 2 of 4
July 03, 2019
To Provide Designated Seats For Each Council Position And Allow Qualified Voters
To Vote In An Election For A Candidate For Each Seat. (Council Member
Knackstedt and Vice Mayor Navarre)
4. ADOPTED. Resolution No. 2019-48 - Providing For The Submission To The
Qualified Voters Of The City Of Kenai, At The Regular Election Of October 1, 2019,
The Question Of Amending Section 10-3 Filing, To Remove The Requirement That
Candidates For Mayor And Council Provide A Petition Signed By Twenty Or More
Registered Voters. (Council Member Knackstedt and Vice Mayor Navarre)
5. ADOPTED UNANIMOUSLY. Resolution No. 2019-49 - Providing For The
Submission To The Qualified Voters Of The City Of Kenai, At The Regular Election
Of October 1, 2019, The Question Of Amending Section 10-2 Three-Year Terms –
Election At Large – Nonpartisan Elections, To Provide That The Terms Of Office Of
The Mayor And Other Councilmembers Shall Begin The Monday Following
Certification Of The Election. (Vice Mayor Navarre)
6. ADOPTED UNANIMOUSLY. Resolution No. 2019-50 - Awarding an Agreement
for the Purchase of Security Cameras and Software for the Public Safety Building
Security Camera Project. (Administration)
7. ADOPTED UNANIMOUSLY. Resolution No. 2019-51 - Awarding an Agreement to
Furnish and Deliver Chemicals for the Wastewater Treatment Plant and Water
Treatment Facility. (Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2019-52 - Amending its
Comprehensive Schedule of Rates, Charges, and Fees, to Eliminate the Ambulance
Fee for Patient Treatment without Transport. (Administration)
9. ADOPTED UNANIMOUSLY. Resolution No. 2019-53 - Authorizing the City
Manager to Enter into a One-Year Agreement with the City of Soldotna to Provide
Animal Shelter Services for the City of Soldotna at the Kenai Animal
Shelter. (Administration)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of June 11,
2019
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting Minutes of June 19,
2019
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified
(Administration)
Kenai City Council - Regular Meeting Page 3 of 4
July 03, 2019
2. REMOVED FROM THE AGENDA. *Action/Approval - Purchase Orders Over
$15,000 (Administration)
3. APPROVED UNANIMOUSLY AS PROVIDED IN THE LAYDOWN.
Action/Approval - Approving a Special Use Permit of the Use of the City Dock
Crane. (Administration)
4. DIRECTED THE CITY MANAGER TO BRING BACK AS RESOLUTIONS.
Action/Approval - Delineate Management Authority for Two Properties in the Baron
Park Subdivision. (Administration)
5. TEEA WINGER APPOINTED UNANIMOUSLY. Action/Approval - Confirmation of
Mayoral Nomination to the Parks and Recreation Commission. (Mayor Gabriel)
6. MANAGER’S MEMO WAS CONCURRED WITH. Discussion - City Parks Hours
of Operations for the Protection of City Property, City Resources, and Residential
Neighborhoods. (Administration)
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 - See item D.1.
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review
2. Kenai Watershed Forum Thank you Letter
Kenai City Council - Regular Meeting Page 4 of 4
July 03, 2019
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.