HomeMy WebLinkAbout2020-06-17 Council Packet
Kenai City Council - Regular Meeting Page 1 of 5
June 17, 2020
Kenai City Council - Regular Meeting
June 17, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
*Telephonic/Virtual Information on Page 5*
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. Ordinance No. 3117-2020 - Appropriating Funds in the Airport Fund, Accepting a Grant
From the Federal Aviation Administration and Appropriating Funds in the Airport Equipment
Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) – Loader with
Attachments. (Administration) [Clerk's Note: At the May 20 Meeting, this item was
Postponed to the June 17 Council Meeting. A Motion to Enact is On the Floor.]
• Substitute Ordinance No. 3117-2020 - Accepting and Appropriating an Airport
Improvement Program Grant from the Federal Aviation Administration in the Airport
Equipment Capital Project Fund and Awarding a Contract for the Purchase of Snow
Removal Equipment (SRE) - Loader with Attachments.
2. Ordinance No. 3131-2020 - Amending the Official Kenai Zoning Map by Rezoning a
Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP Country Estates
Subdivision Part 5 from Rural Residential (RR) to Limited Commercial (LC). (Administration)
3. Ordinance No. 3132-2020 - Increasing Estimated Revenues And Appropriations by
$454.84 in the General Fund – Police Department for Drug Investigation Overtime
Expenditures. (Administration)
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Kenai City Council - Regular Meeting Page 2 of 5
June 17, 2020
4. Ordinance No. 3133-2020 - Authorizing a Budget Transfer in the Airport Terminal
Improvement Capital Project Fund and Appropriating FY2020 Budgeted Funds in the
Airport Master Plan Capital Project, Airport Snow Removal Equipment and Airport
Operations Facility Improvement Capital Project Funds for Heating, Ventilation and Air
Conditioning (HVAC) Improvement to the Airport Operations Facility and Replacement of
the Airport’s Wide Area Mower. (Administration)
• Substitute Ordinance No. 3133-2020 - Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue Fund, Authorizing a Budget Transfer in the
Airport Terminal Improvement Capital Project Fund and Appropriating FY2020 Budgeted
Funds in the Airport Master Plan Capital Project, Airport Snow Removal Equipment and
Airport Operations Facility Improvement Capital Project Funds for Heating, Ventilation and
Air Conditioning (HVAC) Improvement to the Airport Operations Facility and Replacement
of the Airport’s Wide Area Mower.
5. Ordinance No. 3134-2020 - Appropriating Funds in the Water & Sewer Improvement and
Wastewater Treatment Facility Improvement Capital Project Funds for FY2021 Capital
Improvement Plan Projects. (Administration)
6. Ordinance No. 3135-2020 - Appropriating FY2020 Budgeted Funds in the Kenai
Multipurpose Facility Improvements Capital Project Fund for Installation of an Exhaust Fan
and Corrosion Remediation. (Administration)
7. Ordinance No. 3142-2020 - Increasing FY2021 Estimated Revenues and Appropriations in
the General, Personal Use Fishery Special Revenue, and Senior Citizen Special Revenue
Funds for FY2021 Insurance Coverage. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
8. Resolution No. 2020-41 - Approving a Lease Renewal of Airport Reserve Lands Between
the City of Kenai and Kenai Aviation Service, Inc. d/b/a Aviation Services, for Lot 1A, Block
1, General Aviation Apron Subdivision No. 6. (Administration)
9. Resolution No. 2020-42 - Authorizing the Binding of Insurance Coverage for the City for
the Period of July 1, 2020 through June 30, 2021 and Authorizing Execution of a Three-
Year Agreement for Insurance Coverage. (Administration)
10. Resolution No. 2020-43 - Awarding a Contract for Janitorial Services at the Kenai
Municipal Airport. (Administration)
11. Resolution No. 2020-44 - Authorizing a Budget Revision in the General Fund, Fire
Department for the Purchase of Self-Contained Breathing Apparatus Bottles.
(Administration)
12. Resolution No. 2020-45 - Naming the City of Kenai’s Wildlife Viewing Platform, the “Tarbox
Wildlife Viewing Platform.” (Vice Mayor Molloy)
13. Resolution No. 2020-46 - Authorizing the City Manager to Prepare and Execute an
Amendment to the City of Kenai's Participation Agreement with the Public Employees'
Retirement System (PERS) to Remove the Recreation Center Assistant Class of
Employees from Participation Effective November 1, 2003. (Administration)
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Kenai City Council - Regular Meeting Page 3 of 5
June 17, 2020
14. Resolution No. 2020-47 - Authorizing the City Manager to Prepare and Execute an
Amendment to the City of Kenai's Participation Agreement with the Public Employees'
Retirement System (PERS) to Remove the Visitor Center Assistant and Janitor Classes of
Employees from Participation Effective July 1, 2020. (Administration)
15. Resolution No. 2020-48 - Authorizing An Agreement For Professional Engineering
Services To Begin Development Of The New Master Plan For The Waste Water Treatment
Facility. (Administration)
16. Resolution No. 2020-49 - Approving a Conversion of Airport Reserve Lands Described as
Lots 2 and 3, Block 5, General Aviation Apron Subdivision No. 1 Amended with SOAR
International Ministries, Inc. and Approving of Temporary Development Incentives.
(Administration)
17. Resolution No. 2020-50 - Authorizing the City Manager to Execute an In-Kind
Memorandum of Understanding with the Department of the Army for Design Work Prior to
Execution of a Design Agreement for the Kenai Bluff Stabilization Project. (Administration)
E. MINUTES – None.
F. UNFINISHED BUSINESS
1. Resolution No. 2020-30 - Recommending the Kenai Peninsula Borough Assembly Enact
Ordinance 2020-24 which would Provide for Vote by Mail Elections, More Time Between a
Regular Election and Run-Off Election and Removal of Proposition Statements. (Council
Member Peterkin) [Clerk's Note: At the May 20 Meeting, this item was Postponed to this
Council Meeting. A Motion to Adopt is On the Floor.]
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - FY2021 Purchase Orders over $15,000. (Administration)
3. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce & Visitor Center
for Moosemeat John Cabin. (Administration)
4. *Ordinance No. 3136-2020 - Increasing Estimated Revenues and Appropriations in the
General and the Public Safety Capital Project Funds and Authorizing the Sole Source
Purchase and Installation of Updated Radio Consoles for the City of Kenai Dispatch Center.
(Administration)
5. *Ordinance No. 3137-2020 - Increasing Estimated Revenues And Appropriations In The
General And Municipal Roadway Improvements Capital Project Fund's To Provide
Matching Funds To The State Of Alaska Department Of Transportation And Public Facilities
To Construct A Pedestrian Path From The Kenai Spur Highway To Beaver Loop Along
Bridge Access Road Utilizing Restricted General Fund, Fund Balance. (Administration)
6. *Ordinance No. 3138-2020 - Increasing Fiscal Year 2020’s Estimated Revenues and
Appropriations in the Airport Land Sale Permanent Fund to Transfer Earnings in Excess of
Budgeted Amounts to the City’s Airport Fund. (Administration)
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Kenai City Council - Regular Meeting Page 4 of 5
June 17, 2020
7. *Ordinance No. 3139-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 CARES Act Recovery Fund for a Federal CARES Act Grant Passed through the
State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the
Police, Fire, and Communications Departments of the City from March 16, 2020 through
May 17, 2020. (Administration)
8. *Ordinance No. 3140-2020 - Increasing Estimated Revenues and Appropriations in the
Personal Use Fishery Special Revenue Fund to Provide Supplemental Funding for
Additional Portable Restrooms and to Award a Contract to Provide Dumpsters, Portable
Restrooms and Portable Hand Wash Stations for the 2020 Kenai River Personal Use
Fishery. (Administration)
9. *Ordinance No. 3141-2020 - Increasing Estimated Revenues and Appropriations in the
General Fund, Visitor Center Department and Authorizing Amendment to the 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)
10. *Ordinance No. 3143-2020 - Increasing General Fund Estimated Revenues and
Appropriations by $34,216 in the General Fund, Parks, Recreation and Beautification
Department for an Increase of a Grant from the United States Environmental Protection
Agency Passed through the State of Alaska Department of Environmental Conservation for
Bacteria Level Monitoring on the City’s Beaches from July 1, 2020 through March 1,
2021. (Administration)
11. Action/Approval - Lease Assignment of Lot 3, Block 4, General Aviation Apron from
DeWayne Benton to Joel Caldwell. (Administration)
12. Discussion - City Response to COVID-19. (City Manager)
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
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Kenai City Council - Regular Meeting Page 5 of 5
June 17, 2020
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
M. PENDING ITEMS
1. Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code Title 6 -
Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility
through Vote By Mail Elections. (Council Member Peterkin)
2. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For A Record Retention Length. (City Clerk)
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
Join Zoom Meeting
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Meeting ID: 834 5460 1964 Password: 424518
OR
Dial in by your Location: (253) 215-8782 or (301) 715-8592
Meeting ID: 834 5460 1964 Password: 424518
Page 5
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3117-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
FUNDS IN THE AIRPORT FUND, ACCEPTING A GRANT FROM THE FEDERAL AVIATION
ADMINISTRATION AND APPROPRIATING FUNDS IN THE AIRPORT EQUIPMENT CAPITAL
PROJECT FUND FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT (SRE) – LOADER
WITH ATTACHMENTS.
WHEREAS, the 2002 521D Case loader at the airport is starting to require excessive and costly
repairs; and,
WHEREAS, new, upgraded and reliable equipment ensures the Airport’s capability to effectively
perform snow and ice control with dependable equipment; and,
WHEREAS, snow removal equipment is FAA eligible and grant funds are available and the City
has been awarded a grant totaling $ xxx,xxx comprised of 93.75% FAA $ xxx,xxx and requiring a
6.25% local share of $xx,xxx; and,
WHEREAS, the City advertised an Invitation to Bid on April 8, 2020 with bids due on April 21,
2020; and,
WHEREAS, the following bids were received:
Bidder Price
xxxxxxxxxxxx $ xxx,xxx
xxxxxxxxxxxx $ xxx,xxx
WHEREAS, xx bids were received and xxxxxxxxxxxxxxxxx was the lowest responsive bid; and,
WHEREAS, award of the bid to xxxxxxxxxxxxxxxxxxx is in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to xxxxxxxxxxx
for the total cost of $ xxx,xxx.
NOW, T HEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept grant funding for $xxx,xxx from the
Federal Aviation Administration and to execute a grant agreement and to expend grant funds to
fulfill the purpose and intent of this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
Page 6
Ordinance No. 3117-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Airport Capital Equipment Fund:
Increase Estimated Revenues –
Federal Grant $XXX,XXX
Increase Appropriations –
Equipment $XXX,XXX
Section 3. That the City Manager is authorized to execute a purchase order to xxxxxxxxxxx
for $xxx,xxx.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of May, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _ __________
Introduced: April 15, 2020
Enacted: May 6, 2020
Effective: May 6, 2020
Page 7
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: April 6, 2020
SUBJECT: Ordinance No. 3117-2020 – Acquire Snow Removal Equipment (SRE)
The 2002 521D Case loader is 18 years old with maintenance issues on the rise. A new loader
is grant eligible. Federal guidance requests a grant application based on hard bids by May 18,
2020.
In order to meet the deadline, the City issued the Invitation to Bid on April 8, 2020 with bids due
on April 21, 2020. The City will review the bids and Airport Administration will submit a grant
application with the lowest responsive bid by the FAA deadline.
A substitute ordinance will be included in the May 6, 2020 Council packet with the results of the
Invitation to Bid filling in the blanks on this ordinance.
Thank you for your consideration.
Page 8
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Director Public Works
DATE: April 28, 2020
SUBJECT: Ordinance No. 3117-2020 – Acquire Snow Removal Equipment (SRE)
*POSTPONEMENT*
The Federal Aviation Administration has requested the City to temporarily postpone the release
of this Bid as opportunities and requirements surrounding the CARES Act funding are being
determined. As a result we are requesting to delay Council’s action until the next meeting on May
20, 2020 when staff hopes to have more information from the Federal Aviation Administration on
this issue.
Thank you for your consideration.
Page 9
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3117-2020 (SUBSTITUTE)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING AN AIRPORT IMPROVEMENT PROGRAM GRANT FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND AND
AWARDING A CONTRACT FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT (SRE)
– LOADER WITH ATTACHMENTS.
WHEREAS, the 2002 521D Case loader at the airport is starting to require excessive and costly
repairs; and,
WHEREAS, new, upgraded and reliable equipment ensures the Airport’s capability to effectively
perform snow and ice control with dependable equipment; and,
WHEREAS, snow removal equipment is FAA eligible and grant funds are available and the City
has been awarded a grant totaling $ 270,000 comprised of 93.75% Airport Improvement Program
funds and 6.25% CARES funds; and,
WHEREAS, with the above grant amounts, 100% of the cost of the loader shall be covered by
grant funds, no additional City share will be required; and
WHEREAS, grant includes City of Kenai Admin Fees of $5,903.43; and,
WHEREAS, the City advertised an Invitation to Bid on May 20, 2020 with bids due on June 10,
2020; and,
WHEREAS, the following bids were received:
Bidder Base Price with Attachments
Yukon Equipment $ 194,105.28 $264,096.57
NC Machinery $ 242,370.00 $330,938.00
WHEREAS, of the two bids received Yukon Equipment, Inc was the lowest responsive bid; and,
WHEREAS, award of the bid to Yukon Equipment, Inc. is in the best interest of the City; and,
WHEREAS, the recommendation from City Administration is to award the contract to Yukon
Equipment, Inc. for the total cost of $ 264,096.57 for the purchase of a 2020 Case 621G Wheeled
Loader with specified attachments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Page 10
Ordinance No. 3117-2020 (SUBSTITUTE)
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 1. That the City Manager is authorized to accept grant funding for $270,000 from the
Federal Aviation Administration and to execute a grant agreement and to expend grant funds to
fulfill the purpose and intent of this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
Airport Capital Equipment Fund:
Increase Estimated Revenues –
Federal Grant:
Airport Improvement Program (93.75%) $253,125
CARES Act (6.25%) 16,875
$270,000
Increase Appropriations –
Equipment $270,000
Section 3. That the City Manager is authorized to execute a purchase order to Yukon
Equipment, Inc. for $264,096.57.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _ __________
Introduced: April 15, 2020
Enacted: June 17, 2020
Effective: June 17, 2020
Page 11
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3131-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
OFFICIAL ZONING MAP BY REZONING A PORTION OF S1/2 SE1/4 SW1/4 LYING NORTH OF
K-BEACH ROAD EXCLUDING VIP COUNTRY ESTATES SUBDIVISION PART 5 FROM RURAL
RESIDENTIAL (RR) TO LIMITED COMMERCIAL (LC).
WHEREAS, a portion of S1/2 SE1/4 SW1/4 lying north of K-Beach road excluding VIP Country
Estates Subdivision Part 5 is currently zoned Rural Residential with a physical address of 725
Baleen Avenue; and,
WHEREAS, the owners of the property have requested to rezone the property to Limited
Commercial and the property is over 10 acres in size meeting the application requirement of Kenai
Municipal Code 14.20.270, Amendment procedures; and,
WHEREAS, the intent of the Limited Commercial Zone is to provide transition areas between
commercial and residential districts by allowing low to medium volume business, mixed residential
and other compatible uses which complement and do not materially detract from the uses allowed
with adjacent districts; and,
WHEREAS, this rezone meets the intent of the Limited Commercial Zone by providing a transition
area where the frontage along Kalifornsky Beach Road could be utilized for compatible
commercial activity and the frontage along Baleen Avenue could be maintained in character with
the adjacent neighborhood and allow for a mix of complementary uses; and,
WHEREAS, the City of Kenai Planning and Zoning Commission voted unanimously to
recommend the property be rezoned to Limited Commercial during a public hearing held at their
meeting on May 13, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That pursuant to KMC 14.20.030 Establishment of Zones and Official Zoning Map,
the official City of Kenai Zoning Map is hereby amended by rezoning a Portion of S1/2 SE1/4
SW1/4 Lying North of K-Beach Road Excluding VIP Country Estates Subdivision Part 5 at 725
Baleen Avenue from Rural Residential (RR) to Limited Commercial (LC).
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
Page 12
Ordinance No. 3131-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: June 3, 2020
Enacted: June 17, 2020
Effective: July 17, 2020
Page 13
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: May 26, 2020
SUBJECT: Ordinance 3131-2020 – Rezone of 725 Baleen Avenue
A completed application was submitted requesting that parcel 04941052 be rezoned from Rural
Residential (RR) to Limited Commercial (LC). Kenai Municipal Code (KMC) 14.20.270,
Amendment procedures, describes initiation of zoning code and official map amendments. Zoning
code amendments may be initiated by a submission of a petition by a majority of the property
owners in the area for consideration if the area to be rezoned contains a minimum of one acre
unless the amendment enlarges an adjacent district boundary. Vann Revocable Trust is the owner
parcel 04941052, which is 10.6 acres in size. The requested rezone meets the criteria for an
amendment.
This parcel fronts Kalifornsky Beach Road for approximately 1,292 feet. Kalifornsky Beach Road
is a major collector street maintained by the State of Alaska. A paved bike path runs directly in
front of the parcel along Kalifornsky Beach Road. Several multi-family housing units are to the
east. Across the street on Kalifornsky Beach Road (outside City limits) is commercial
development, including Panama Reds and a fish market. These businesses are shown in the
attached site photos.
The RR Zone is intended to provide for low density residential development in outlying and rural
areas in a form which creates a stable and attractive residential environment. The LC Zone is
intended to provide transition areas between commercial and residential districts by allowing low
to medium volume business, mixed residential and other compatible uses which complement and
do not materially detract from the uses allowed with adjacent districts.
The LC Zone is more consistent with the layout of the parcel. The applicant has indicated plans
to construct a multi-unit complex that would have commercial development on the first floor.
Commercial uses could take advantage of the frontage on Kalifornsky Beach Road. The LC Zone
still allows for residential uses and requires a conditional use permit for many commercial uses,
including business/consumer services and retail businesses, which will ensure the neighborhood
character to the north is not impacted by development of this parcel. The applicant has supplied
a draft layout of how they intend to subdivide and provide access to the parcel from Kalifornsky
Beach Road, which would require approval from the State of Alaska. A proposed subdivision
Page 14
Page 2 of 3
would go before the City’s Planning and Zoning Commission to provide a recommendation to the
Kenai Peninsula Borough. The applicant intends to design their project in a manner that meets
the intent of the LC Zone to provide a transition area from commercial activity along Kalifornsky
Beach Road to residential uses along Baleen Avenue. The action now before City Council is just
to approve of the zoning change.
The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan states, “Transportation
improvements such as the construction of the Warren Ames Memorial Bridge/Bridge Access
Road gave the Kalifornsky Beach area south of the Kenai River a road connection to the rest of
the City and spurred development.” This change in zoning reflects the change in the City layout
over time and supports Goal 3 – Land Use: Develop land use strategies to implement a forward-
looking approach to community growth and development.
Attached to this memorandum is the Land Use Table in Kenai Municipal Code 14.22.010 Land
use table. I have highlighted allowed uses in the Rural Residential (RR) and the LC (Limited
Commercial) zones of the City so Commissioners may compare the two zones. A summary of
differences in land use between the RR and LC zones includes the following:
• (more restrictive change) Principal uses in the RR Zone that do not require a conditional
use permit and are not permitted in the LC Zone include: farming/general agriculture
• (more restrictive change) Principal uses in the RR Zone that do not require a conditional
use permit and are only allowed in the LC Zone with a conditional use permit include: four-
family dwelling
• (more restrictive change) Uses that are allowed with a conditional use permit in the RR
Zone that are not permitted in the LC Zone include: mobile home parks, accessory building
on parcel without main building or use, automotive sales, automotive services stations,
airports, automotive repair, manufacturing/fabricating/assembly, storage yard,
warehouses, assemblies (large: circuses, fairs, etc.), cemeteries, recreational vehicle
parks, subsurface extraction of natural resources, surface extraction of natural resources
• (less restrictive change) Uses that are not allowed in the RR Zone that would be allowed
in the LC Zone with a conditional use permit include: airport compatible uses, standard
marijuana cultivation facility, marijuana testing facility, retail marijuana store
• (less restrictive change) Uses that are allowed in the RR Zone with a conditional use
permit that would be allowed as a principal use without a conditional use permit in the LC
Zone include: professional offices, necessary aviation facilities, clinics, governmental
buildings, day care centers, gunsmithing, taxidermy, some personal services (see footnote
27), clinics
• (no change) Principal uses in both RR and LC zones that do not require a conditional use
permit include: one-family dwelling, two-, three-family dwelling, essential services,
churches (some additional requirements in RR zone; see footnote 10)
Page 15
Page 3 of 3
• (no change) Conditional uses in both RR and LC zones that require a conditional use
permit include: five-six-family dwelling, seven- or more family dwelling, townhouses (some
additional requirements in RR zone; see footnote 3), planned unit residential development,
banks, business/consumer services, commercial recreation, guide service, hotels/motels,
lodge, limited marijuana cultivation facility, restaurants, retail business, theaters,
wholesale business, mini-storage facility, assisted living, colleges, elementary schools,
high schools, hospitals, libraries, museums, parks and recreation, animal
boarding/commercial kennel, bed and breakfasts, cabin rentals, communications towers
and antenna(s), radio/TV transmitters/cell sites, crematories/funeral homes,
dormitories/boarding houses, fraternal organizations/private clubs/social halls and union
halls, greenhouses/tree nurseries, nursing, convalescent or rest homes, public parking
lots, some personal services (see footnote 27),
• (no change) Uses not permitted in both RR and LC zones: adult businesses, marijuana
product manufacturing facility, gas manufacturer/storage, assisted living
The Kenai Planning and Zoning Commission considered this request during their meeting on May
13, 2020 and unanimously recommended City Council approve of the rezone. Thank you for your
consideration.
Memorandum Attachments
• Application
• Applicant’s Preliminary Draft Project Design
• Written Public Comment from Jason R. Parks and Hannah C. Parks regarding PZ2020-
04
• Resolution PZ2020-04
• Maps (2)
• Site Photos
• Highlighted Land Use Table from Kenai Municipal Code 14.22.010
Page 16
PETITIONER
MAILING ADDRESS
CITY, STATE, ZIP
PHONE
LEGAL DESCRIPTION
PHYSICAL ADDRESS
PARCEL NUMBER
PRESENT ZO NE
PROPOSED ZONE
RECEIVED
CITY OF KENAI
DATE 3-/o-2d-o
PLANNING DEPARTMENT
REZONING APPLICATION
Re set Form
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Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and
Official Map. PLEASE READ THE FOLLOW IN G , COMPLETE THE BLANKS AN D INITIAL THE SPAC E
AFTER T HE ITEM NUMBER TO INDICATE T HAT YOU HAVE READ AND UNDERSTAND THESE
CON DI T IONS.
1. lA)
3.
8/16/2013
Amendments to the Ken ai Zoning Code and Official Map may be initiated by: Kenai City
Council; Kenai Planning and Zoning Commission; Submission of a petition by a m ajo rity
of th e property owners in the area to be rezoned; or, a p eti ti on bea r in g th e signatures of
fifty (50) re gistered voters with in th e C ity of Kenai t o amend the ordinance tex t; or,
submission of a pet ition as prov ide d by the Home Rule Charter of the City of Kenai.
Amendme nt s to the Official Z oning Map s hall be cons idered only if the area to be
rezoned contain s a minimum of one (1) acre (excludi ng street or alley rig ht-of-way)
unless the am endm en t enlarges an adj acen t district boundary.
A Public Notification and Hearing is required b efore the iss uance of this permit. A $125
(p lus sa les tax) non-refundable deposit/advertising and administrat ive se r vices fee is
required to cover the se notification costs. Depending on t he rezone loca tion, an A ffid avit
of Posting may also be r equired.
Page 17
4._H_ A proposed amendment to the zoning ordinance which is substantially the same as any
other proposed amendment submitted within the previous nine (9) months and which was
not approved shall not be considered.
Dated : __ 3_-_/_c.J_-_ZcJ __ ~--
Petitioner's Signaturev
REZONING CHECKLIST:
____ a. MAP
b. SIGNATURES ----___ c. DEPOSIT/ADVERTISING FEE ($125 +sales tax)
d. APPLICATION FORM OR LETTER ----e. AFFIDAVIT OF POSTING ----
8/16/2013
Page 18
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SHEET CONTENTS:
PRPSD REPLAT
Page 19
Jason R. Parks and Hannah C. Parks
740 Baleen Ave.
Kenai, AK 99611
Dear Kenai City Council members,
We are writing to express our concerns regarding the rezoning request PZ2020-04. We have
reviewed the request and the general information included in the agenda for this week’s
meeting, and we are familiar with the lot as our own residence is adjacent to it. As it is written,
the rezoning request does not support the purpose or safety of the VIP Estates neighborhood
for the following reasons.
First, we are concerned that commercial buildings on this lot would greatly increase noise and
traffic on Baleen Avenue, VIP Drive, and Pirate Lane. Baleen is a narrow dirt road, and is unfit
for the levels of traffic that commercial areas would bring. It would sustain significant damage
each spring with frequent commercial traffic. Further, many children live in this neighborhood
and enjoy riding bikes, and residents frequently enjoy walking around the neighborhood. This
activity would not be safe with commercial traffic driving through the residential neighborhood
streets. The residents of this neighborhood choose to live here because it is quiet, safe, and
private. Increased traffic on the neighborhood streets would negatively affect all three of those
qualities.
Second, we are concerned that our property, and that of the other properties adjacent to this lot
on Baleen and VIP, would decrease in value if commercial buildings were placed directly on
Baleen and VIP without a treeline to obscure them and substantial setback requirements. If the
lot were to be cleared of its many trees, noise from passing traffic on K Beach Road would more
easily reach the neighborhood, and commercial buildings would be visible from front yards.
Seeing a neighboring house from a window is one thing. Seeing a commercial building is
something else entirely. We purchased our property with the understanding that the properties
surrounding it are residential, not commercial.
Third, we are concerned for the safety of the walking path on K Beach Road if commercial
businesses were to be built on this lot. Entrances to the lot from K Beach would have to cross
over the path, which would put pedestrians, cyclists, and other path users in direct contact with
vehicular traffic. This raises the risk of accidents and vehicle-related injuries significantly.
For these reasons, we believe that the existing rezoning request would damage the overall
character, safety and value of the VIP Estates neighborhood.
Page 20
If it is in the power of the City Council and planning board, the addition of specific requirements
for the development of this lot would make the rezoning request more compatible with the
neighborhood of VIP Estates:
●If it were specified that the property were to only have vehicle access from K Beach
Road and not from the residential-facing side of the property (Baleen), the concern of
increased traffic on VIP, Pirate and Baleen would be properly addressed.
○Vehicle access from K Beach Road should be limited to only one entrance, so as
to reduce the number of areas in which pedestrians using the walking path would
come into contact with vehicles.
●If a significant tree line were to remain intact on the Baleen and VIP sides of the lot and
any commercial buildings were to be set back from the roads by at least 100 feet, the
residential area would better be able to maintain its private and quiet character.
Below we have included two pictures. The first is of the aerial view of the lot included in the
agenda, which is an older photo taken before our home was built in 2014 and as such does not
accurately represent the area. We have outlined our lot in yellow in the image. We have also
included an image of Baleen Avenue in front of our house, so that you may see the Baleen
Avenue side of the lot. Only images of the Kalifornsky Beach Road and Pirate Lane sides of the
property were included in the application.
Thank you for your time and attention to this matter.
Sincerely,
Jason R. Parks and Hannah C. Parks
Page 21
Image 1: Rezoning request lot in red. Our lot in yellow.
Page 22
Image 2: our home on Baleen Avenue. The rezoning request lot is directly across the street.
Page 23
;e
K!;NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2020-04
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE
REZONE REQUEST OF 725 BALEEN AVENUE FROM RURAL RESIDENTIAL TO THE
LIMITED COMMERCIAL
WHEREAS , the City of Kenai received a rezone application from the majority property owners in
accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and ,
WHEREAS , the RR Zone is intended to provide for low density res idential development in outlying
and rural areas in a form which creates a stable and attractive residential environment; and,
WHEREAS, the LC Zone is intended to provide transition areas between commercial and
residential districts by allowing low to medium volume business, mixed re s idential and other
compatible uses which complement and do not materially detract from the uses allowed with
adjacent d is tricts; and ,
WHEREAS, the rezone reque st is for an area over ten acres in si ze ; and ,
WHEREAS, the area to be re zoned fronts Kalifornsky Beach Road, a major collector street; and,
WHEREAS , several multi-family units are adjacent to the parcel ; and ,
WHEREAS , across street on Kalifornsky Beach Road outside City limits is commercial
development, including a CBD retail store and a fish market; and,
WHEREAS, the LC Zone still allows for residential uses and require s a conditional use permit for
many commercial uses, including bu s iness/con s umer services and retail businesses, which will
ensure the ne ighborhood chara cter to the north is not impacted by development of this parcel;
and,
WHEREAS, the rezone is consistent with Goal 3 -Land Use : Develop land use strategies to
implement a forward-looking approach to community growth and development of the 2016
Imagine Kenai 2030 City of Kenai Comprehensive Plan .
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council approve of the rezone request of 725 Baleen Avenue
from Rural Residential to Limited Commercial.
Section 2. That a copy of Resolution PZ2020 -04 be forwarded to the Kenai City Council.
Page 24
Resolution No. PZ2020-04
Page 2 of 2
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 13th day of May, 2020. ( 'x:J._ ~
J& T, CHAIRPERSON
ATIEST:
Page 25
VIP DRBALEEN AVE SEINE ST.
Date: 4/6/2020
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
725 Baleen Avenue
Parcel No:04941052
Existing Lot LineKALIFORNSKY BEACH ROAD
0 220110 Feet
Page 26
VIP DRBALEEN AVE
SET NET DR
SEINE STPIRATE LNW
A
T
E
R
G
A
T
E
W
A
Y
S
E
I
N
E
C
T
Date: 4/6/2020
The information depicted here
on is for graphic representation
only of the best available sources.
The City of Kenai assumes no
responsibility for errors on this
map.
725 Baleen Avenue
Parcel No:04941052
KALIFORNSKY BEACH ROAD
Outside of City Limits
LEGENDZoning
Outside of City Limits
Rural Residential
0 33,00016,500 Feet
.Page 27
Site Photos
Ordinance 3131-2020 – Rezone – Rural Residential to Limited Commercial
725 Baleen Avenue; KPB Parcel No. 04 941052; a Portion of S1/2 SE1/4 SW1/4 Lying North of
K-Beach Road Excluding VIP Country Estates Subdivision Part 5
Request from: Majority property owners
Photo #1
The photo below is of Panama Reds, a commercial business across the street on Kalifornsky
Beach Road from the subject parcel.
Page 28
Page 2 of 3
Photo #2
The photo below shows commercial development across the street on Kalifornsky Beach Road
from the subject parcel at the corner of VIP Drive and Kalifornsky Beach Road.
Page 29
Page 3 of 3
Photo #3
The photo below is of one of the multi-family units adjacent to the subject parcel accessed off
Baleen Avenue near its intersection with Pirate Lane.
Page 30
14.22.010 Land use table.
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
RESIDENTIAL
One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21
Two-, Three-Family
Dwelling
N C18 P P P P P P P21 S1 C C C22 P P P S1/C21
Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21
Five-, Six-Family
Dwelling
N C18 C3 N P N N P P21 S1 C C N N P C S1/C21
Seven- or More Family
Dwelling
N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21
Mobile Home Parks6 N N C N C C C C C C C C N C N N C
Planned Unit
Residential
Development7
N C18 C C29 C C C C C C C C N C C C C
Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C
Accessory Building on
Parcel Without Main
Building or Use (See
KMC 14.20.200)
N N C C C C C C N N N N N N C N N
COMMERCIAL
Airport Compatible
Uses
P N N N N N N N C C C C N N N C C
Adult Businesses N N N N N N N N P31 P31 P31 P31 N N N N N
Your Selections | Kenai, AK Page 1 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 31
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Automotive Sales C N C N N N N C P P P P N N N N P
Automotive Service
Stations
C N C N N N N C P P P P N C N N P
Banks C N C N C N N C P P P C N C C C P
Business/Consumer
Services
C N C C C N N C P P P C N C C C P
Commercial Recreation N N C N C N N C P P C C N P C C P
Guide Service C N C N C N N C P P P P N P P C P
Hotels/Motels C N C N C N N C P P P C N C P C P
Lodge C N C N C N N C P P P C N P P C P
Marijuana Cultivation
Facility, Limited30
N N C C C C C C N C C C N N N C N
Marijuana Cultivation
Facility, Standard30
N N N N N N N N N C C C N N N C N
Marijuana Product
Manufacturing Facility30
N N N N N N N N N C C C N N N N N
Marijuana Testing
Facility30
N N N N N N N N C C P P N N N C C
Professional Offices C N C C C N N P P P P P N C P P P
Restaurants C N C N C N N C P P P C N C C C P
Retail Business C N26 C N C N N C P P P P S24 S24 C C P
Retail Marijuana Store30 N N N N N N N N N C C C N N N C C
Theaters N N C N C N N C P P C C N P C C P
Wholesale Business C N C N C N N C C P P P N S24 C C N
INDUSTRIAL
Airports C P20 C N C N N C C C C C N C N N C
Necessary Aviation
Facilities
P P C C C C C C P P P P C P C P P
Automotive Repair P N C N C N N C P P P P N N N N P
Your Selections | Kenai, AK Page 2 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 32
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Gas Manufacturer/
Storage
C9 N N N C N N N N N C9 C9 N N N N N
Manufacturing/
Fabricating/Assembly
P N C N C N N C C P P P N C C N C
Mini-Storage Facility C N C N C N N C C P P P N N N C C
Storage Yard C N C N C N N C C P P P N N N N C
Warehouses C N C N C N N C N P P P N C N N N
PUBLIC/
INSTITUTIONAL
Assisted Living N C C C C C C C C C C C C C C C C
Churches* N C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P
Clinics N C C N C C C C P P P C C C C P P
Colleges* N C C C29 C C C C P P C C P C C C P
Elementary Schools* N C C C29 C C C C P P C C P C C C P
Governmental Buildings P C C C29 C C C C P P P C P C C P P
High Schools* N C C C29 C C C C P P C C P C C C P
Hospitals* N C C N C C C C P P P C C C C C P
Libraries* N C C C29 C C C C12 P P P C P C P C P
Museums C C C C29 C C C C P P P C P C P C P
Parks and Recreation N P C C29 C C C C P P P P P P P C P
MISCELLANEOUS
Animal Boarding/
Commercial Kennel13
C C C N C C N N C C C C N C N C C
Assemblies15 (Large:
Circuses, Fairs, etc.)
P C C N C C C C P15 P15 P15 P15 P15 C P N P15
Bed and Breakfasts N C C C C C C C C C C C N P C C P
Cabin Rentals N C C N C N N N P P P C N P P C P
Cemeteries P C C N C N N N N C C C N C C N N
Your Selections | Kenai, AK Page 3 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 33
ZONING DISTRICTS
LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU
Communications
Towers and Antenna(s),
Radio/TV Transmitters/
Cell Sites** 28
C P C N C C C C P P P P P C C C C
Crematories/Funeral
Homes
N N C N C N N C C C C C N C C C C
Day Care Centers12 N C C C29 C C C C P P P C C C C P P
Dormitories/Boarding
Houses
N C C N C C C P P21 S C P P23 C C C P
Essential Services P P P P P P P P P P P P P P P P P
Farming/General
Agriculture***
N P P N N N N N N N N P N P N N N
Fraternal Organizations/
Private Clubs/Social
Halls and Union Halls
N N C N C C C C P P P C N C P C P
Greenhouses/Tree
Nurseries13
N C C N C C C C P P P C N C C C P
Gunsmithing,
Taxidermy
N N C C C C C C P P P P N C P P P
Nursing, Convalescent
or Rest Homes
N N C N C C C C P P C C C C C C P
Parking, Public Lots12 C C C N C C C C C C C C C C C C C
Personal Services25 N C C N C C C C P P P P C C P P/
C27
P
Recreational Vehicle
Parks
N C C N C N N C C C C C N C C N C
Subsurface Extraction of
Natural Resources16
C C C C C C C C C C C C N C N N N
Surface Extraction of
Natural Resources17
C C C N C N N C N C C C N C N N N
*See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000)
**See 42 Telecommunications Act of 1996, Sec. 704(a)
Your Selections | Kenai, AK Page 4 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 34
***See, however, the limitations imposed under KMC 3.10.070
Footnotes:
1 Allowed as a secondary use except on the ground floor of the part of the building fronting on collector
streets and major highways. Commercial or industrial which falls under the landscaping/site plans
requirements of KMC Chapter 14.25 shall include any secondary uses in the landscaping and site plans.
2 One (1) single-family residence per parcel, which is part of the main building.
3 Allowed as a conditional use, subject to satisfying the following conditions:
a The usable area per dwelling unit shall be the same as that required for dwelling units in the RS
Zone;
b The site square footage in area must be approved by the Commission;
c Yards around the site, off-street parking, and other development requirements shall be the same as
for principal uses in the RR Zone;
d Water and sewer facilities shall meet the requirements of all applicable health regulations;
e The proposed dwelling group will constitute a residential area of sustained desirability and stability,
will be in harmony with the character of the surrounding neighborhood, and will not adversely affect
surrounding property values;
f The buildings shall be used only for residential purposes and customary accessory uses, such as
garages, storage spaces, and recreational and community activities;
g There shall be provided, as part of the proposed development, adequate recreation areas to serve
the needs of the anticipated population;
h The development shall not produce a volume of traffic in excess of the capacity for which the access
streets are designed;
i The property adjacent to the proposed dwelling group will not be adversely affected.
4 See “Townhouses” section.
5 See “Mobile Homes” section.
6 Allowed as a conditional use, subject to “Mobile Homes” section; and provided, that any mobile home
park meets the minimum Federal Housing Authority requirements.
7 See “Planned Unit Residential Development” section.
8 Allowed as a conditional use; provided, that the proposed location and the characteristics of the site will
not destroy the residential character of the neighborhood.
9 Allowed as a conditional use; provided, that all applicable safety and fire regulations are met.
10 Provided, that no part of any building is located nearer than thirty (30) feet to any adjoining street or
property line.
11 Allowed as a conditional use; provided, that no part of any building is located nearer than thirty (30) feet
to any adjoining street or property line; and provided further, that the proposed location and characteristics
of the use will not adversely affect the commercial development of the zone.
Your Selections | Kenai, AK Page 5 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 35
12 Allowed as a conditional use; provided, that the following conditions are met:
a The proposed location of the use and the size and characteristics of the site will maximize its
benefit to the public;
b Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
public streets.
13 Allowed as a conditional use; provided, that setbacks, buffer strips, and other provisions are adequate to
assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the
conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel
license (see KMC Chapter 3.15).
14 Allowed as a conditional use; provided, that no indication of said use is evident from the exterior of the
mortuary.
15 Allowed; provided, that the following conditions are met:
a An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any
adjoining property in a residential zone.
b Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on
the public streets.
16 See “Conditional Uses” section.
17 See “Conditional Use Permit for Surface Extraction of Natural Resources” section.
18 Conditional use allowed only on privately held property. Not allowed on government lands.
19 Reserved.
20 The airport-related uses allowed under this entry are aircraft approach and departure zones pursuant to
KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access
to aircraft movement areas, taxiways or parking aprons, FAA authorized uses are allowed.
21 Developments for use shall be the same as those listed in the Development Requirements Table for the
RU/TSH Zones.
22 Allowed as a conditional use in conjunction with a permitted use in the ED Zone. For example,
housing for teachers or students for a school in the zone.
23 Allowed as an accessory use in conjunction with a permitted use in the ED Zone. For example, a
dormitory used to house students for a school or educational facility.
24 Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or
coffee shop within another business).
25 Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26 Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year.
27 Personal services not set forth in the below matrix are conditional uses.
Your Selections | Kenai, AK Page 6 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 36
Limited Commercial Zone
Personal Services Permitted (P) Conditional Use
(C)
Art Studios X
Barbers X
Beauticians X
Dressmakers X
Dry Cleaners X
Fitness Centers X
Massage Therapist X
Photographic Studios X
Self-Service Laundries X
Tailors X
Tanning Salons X
Tattoo Parlors X
28 Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions
set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC
14.20.150 and 14.20.255 are met.
29 Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such
parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a
dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as
measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access
as shown on an as-built drawing/survey of the parcel.
30 See marijuana regulations, KMC 14.20.230—Home Occupations, 14.20.320—Definitions,
14.20.330—Standards for commercial marijuana establishments.
31 See KMC 14.20.175—Adult businesses; no adult business may be located within one thousand (1,000)
feet of another adult business, or sensitive use. “Sensitive use” means a church or other place of worship, a
public or private school (licensed pre-K through twelfth grade) or businesses where or areas where youth
are likely to be present (limited to public parks, youth recreational centers, public playgrounds, public
libraries).
(Amended during 7-7-99 supplement; Ord. 1862-2000; Amended during 12-1-00 supplement; Ords. 1911-2001,
1938-2001, 1956-2002, 1962-2002, 1990-2003, 1994-2003, 2053-2004, 2081-2005, 2112-2005, 2113-2005,
2144-2006, 2152-2006, 2185-2006, 2195-2006, 2246-2007, 2272-2007, 2403-2009, 2425-2009, 2546-2011,
2610-2012, 2649-2012, 2688-2013, 2784-2014, 2870-2016, 2884-2016, 3025-2018, 3056-2019, 3083-2019
(Substitute))
Your Selections | Kenai, AK Page 7 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 37
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
Your Selections | Kenai, AK Page 8 of 8
The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Page 38
14.20.320 Definitions.
(a) General Interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel.”
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed to include the words
“intended,” “arranged” or “designed to be used or occupied.”
(b) Specific Definitions.
“Accessory building” means a detached building or structure, the use of which is appropriate, subordinate, and
customarily incidental to that of the main building or to the main use of the land and which is located on the same
lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be
considered to be a part of the main building when joined to the main building by a common wall or when any
accessory building and the main building are connected by a breezeway.
“Accessory use” means a use customarily incidental and subordinate to the principal use of the land, building, or
structure and located on the same lot or parcel of land.
“Administrative official” means the person charged with the administration and enforcement of this chapter.
“Agricultural building” means a building or structure used to shelter farm implements, hay, grain, poultry, livestock,
or other farm produce, in which there is no human habitation and which is not used by the public.
“Agriculture” means the science, art, and business of cultivating soil, producing crops, and raising livestock;
farming.
“Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land.
Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a paved
or gravel runway, a helicopter touchdown and lift off (TLOF) area, helipad, or water runway for aircraft takeoffs
and landings, and often includes buildings such as control towers, hangars and terminal buildings.
“Airport compatible uses” means uses which include, but are not limited to: hangars, fixed base operators, aircraft
repair and manufacturing, aircraft sales, and other uses approved by the ordinance of the City of Kenai, and the
Federal Aviation Administration’s regulations, and compatible with the current airport master plan, the airport
layout plan and the comprehensive plan.
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“Alley” means a public way designed and intended to provide only a secondary means of access to any property
abutting thereon.
“Alteration” means any change, addition, or modification in construction, location, or use classification.
“Animal boarding” means any building or structure and associated premises in which animals are fed, housed,
and/or exercised for commercial gain.
Apartment House. See “Dwelling, multiple-family.”
“Area, building” means the total of areas taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of steps.
“Assemblage” means a large gathering of people for an event such as a concert, fair, or circus.
“Assisted living” means a living arrangement in which people with special needs, especially seniors with disabilities,
reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication.
“Automobile sales” means the use of any building or structure and associated premises for the display and sale of
new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair
work and other repair service conducted as an accessory use.
“Automobile service station” means the use of any building or structure and associated premises or other space
used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the
installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services
which do not customarily or usually require the services of a qualified automotive mechanic.
“Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts
from dismantled or partially dismantled, obsolete, or wrecked vehicles.
“Automotive repair” means the use of any building or structure and associated premises on which a business,
service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
“Bank” means any establishment or building or structure used for a financial institution that provides financial
services for its clients or members. The term “bank” includes savings and loan.
“Bed and breakfast” means a residential, owner-occupied dwelling in which rooms are rented to paying guests on
an overnight basis with no more than one (1) meal served daily.
“Boarding house” means a dwelling where the principal use is a dwelling by the owner or keeper and where the
owner or keeper provides lodging for three (3) or more persons who are not members of the owner’s or keeper’s
family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or
structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals,
laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests.
“Building” means any structure built for the support, shelter, or enclosure of persons, animals, or property of any
kind.
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“Building code” means the building code and/or other building regulations applicable in the City.
“Building, existing” means a building erected prior to the adoption of the ordinance codified in this chapter or one
for which a legal building permit has been issued.
“Building height” means the vertical distance from the “grade,” as defined herein, to the highest point of the roof.
“Building, principal or main” means a building or structure in which is conducted the principal or main use on the
lot which said building is situated.
“Business/consumer services” means the provision of services to others on a fee or contract basis, such as
advertising and mailing; building maintenance; employment service; management and consulting services;
protective services; equipment rental and leasing; commercial research; development and testing; photo finishing;
and personal supply services.
“Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide
overnight sleeping accommodations for a period of less than thirty (30) consecutive days.
“Cemetery” means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or
similar structures.
“Centerline” means the line which is in the center of a public right-of-way.
“Church” means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and
education pertaining to a particular system of beliefs. The term “church” includes a synagogue or temple.
“City” means the City of Kenai, Alaska.
“Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the
care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the
primary health care needs of populations in local communities, in contrast to larger hospitals which offer
specialized treatments and admit inpatients for overnight stays.
“Collector street” means a street located and designed for the primary purpose of carrying through traffic and of
connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be
defined on the plan for streets and community facilities in the comprehensive development plan.
“College” means an educational institution providing postsecondary (after high school) education.
“Commercial kennel” has the same meaning given in KMC 3.05.010.
“Commercial marijuana establishment” means any retail marijuana store, excluding on-site consumption
endorsements, marijuana cultivation facility, marijuana product manufacturing facility, and marijuana testing
facility.
“Commercial recreation” means a recreation facility operated as a business and open to the public for a fee.
“Commission” means the Kenai Planning and Zoning Commission.
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“Communication antenna” has the same meaning given in KMC 14.20.255.
“Communication tower” has the same meaning given in KMC 14.20.255.
“Conditional use” means a use which is permitted under the terms of this chapter; provided, that under the
specified procedures, the Commission finds that certain conditions specified in this chapter are fulfilled.
Conditional uses are listed in the Land Use Table.
“Condominium” means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely by the owners of those
portions;
(3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table
(KMC 14.22.010), “condominiums” shall be treated as two (2) or more family dwellings. For example, a four (4)
unit condominium building would be treated as a four (4) family dwelling.
“Coverage” means that percentage of the total lot area covered by the building area.
“Crematory/funeral home” means building or structure used for preparation of the deceased for display and/or
interment and may also be used for ceremonies connected with interment. Preparation may include cremation,
which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone
fragments. This is accomplished through burning—high temperatures, vaporization, and oxidation.
“Day care center” means an establishment where child care is regularly provided for children for periods of less
than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees,
or other compensation for the care of the children is charged.
“Dormitory” means a building, whether public or private, associated with a school, college or university and
designed, used, and arranged for private sleeping, studying, and living accommodation for students.
“Dwelling” means a building or any portion thereof designed or used exclusively for residential occupancy
including one-family, two-family and multiple-family dwellings, but not including any other building wherein
human beings may be housed.
“Dwelling, multiple-family” means any building containing three (3) or more dwelling units.
“Dwelling, one-family” means any detached building containing only one (1) dwelling unit.
“Dwelling, two-family” means any building containing only two (2) dwelling units.
“Dwelling unit” means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy
by not more than one (1) family for living or sleeping purposes.
“Elementary school” means any school usually consisting of grades pre-kindergarten through grade six (6) or any
combination of grades within this range.
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“Essential service” means the erection, construction, alteration, or maintenance by public utility companies or
municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission
or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and
accessories in connection therewith. This definition shall not be interpreted to include public buildings.
“Family” means any number of individuals living together as a single housekeeping unit in a dwelling unit.
“Farming” means a tract of land cultivated for the purpose of commercial agricultural production.
“Fence, height” means the vertical distance between the ground directly under the fence and the highest point of
the fence.
“Floor area” means the total of each floor of a building within the surrounding outer walls but excluding vent
shafts and courts.
“Fraternal organization” means a group of people formally organized for a common object, purpose, or interest
(usually cultural, religious or entertainment) that conducts regular meetings and has written membership
requirements.
“Frontage” means all the property fronting on one (1) side of a street between intersection streets.
“Garage, private” means an accessory building or any portion of a main building used in connection with
residential purposes for the storage of passenger motor vehicles.
“Garage, public” means any garage other than a private garage, available to the public, operated for gain, and
which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or
other vehicles.
“Gas manufacturer/storage” means the surface use of lands used in the production, the mechanical
transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/
compressor stations. “Storage” means surface uses necessary for storage of produced or nonnative natural gas.
“Governmental building” means a building or structure owned and operated by any department, commission, or
agency of the United States or of a state or municipality and used to conduct official business of government.
“Grade (ground level)” means the average level of the finished ground at the center of all walls to a building. In
case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the
sidewalk.
“Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation
and protection of plants.
“Guest room” means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide
sleeping accommodations for one (1) or more persons.
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“Guide service” means any activity on any premises used for collecting or returning persons from recreational trips
when remuneration is provided for the service.
“Gunsmith” means a person who repairs, modifies, designs, or builds firearms.
“High school” means a secondary school usually consisting of grades nine (9) through twelve (12) or any
appropriate combination of grades within this range.
“Home occupation” means an accessory use carried out for remuneration by a resident in the resident’s dwelling
unit.
“Hospital” means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the
injured.
“Hotel” means a building or group of buildings containing more than five (5) guest rooms used for the purpose of
offering public lodging on a day-to-day basis with or without meals.
“Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of land used for the
storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or
for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof.
“Library” means a collection of sources, resources, and services, and the structure in which it is housed; it is
organized for use and maintained by a public body, an institution, or a private individual.
“Licensed premises for commercial marijuana establishment” means any and all designated portions of a building
or structure, or rooms or enclosures in the building or structure, at the specific address for which a commercial
marijuana establishment license is issued, and used, controlled, or operated by the commercial marijuana
establishment to carry out the business for which it licensed.
“Loading space” means an off-street space or berth on the same lot with a building or structure to be used for the
temporary parking of commercial vehicles while loading or unloading merchandise or materials.
“Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of
offering public lodging on a day-to-day basis with or without meals.
“Lot” means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street.
“Lot, corner” means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted
rights-of-way, two (2) government easements, or any combination thereof.
“Lot coverage” means that portion of the lot covered by buildings or structures that require a building permit.
“Lot depth” means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its
width.
“Lot line, front—corner lot” means the shortest street line of a corner lot.
“Lot line, front—interior lot” means a line separating the lot from the street.
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“Lot line, rear” means a line that is opposite and most distant from the front lot line, and in the case of irregular,
triangular, or gore shaped lot, a line not less than ten (10) feet in length, within a lot, parallel to and at the
maximum distance from the front lot line.
“Lot line, side” means any lot boundary line not a front lot line or a rear lot line.
“Lot width” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its
depth.
“Manufactured housing” means a dwelling unit that meets Department of Housing and Urban Development
standards for manufactured housing and is wider than sixteen (16) feet, has a roof pitch of 4:12 or greater with
roofing and siding common to standard residential construction and is transported to the site and placed on a
permanent foundation.
“Manufacturing/fabricating/assembly” means the mechanical or chemical transformation of materials or
substances into new products including assembling of component parts, the manufacturing of products, and the
blending of materials such as lubricating oils, plastics, resins or liquors.
“Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof, the
resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate. The term does not include fiber
produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is
incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or
oral administrations, food, drink, or other products.
“Marijuana concentrate” means resin, oil, wax, or any other substance derived from the marijuana plant by any
method which isolates the tetrahydrocannabinol (THC) bearing resins of the plant.
“Marijuana cultivation facility” means any entity with a State license registered to cultivate, prepare, and package
marijuana and to sell marijuana to marijuana retail facilities, marijuana products manufacturing facilities,
marijuana testing facilities, but not to consumers.
“Marijuana cultivation facility, limited” means an entity registered to cultivate in an area of five hundred (500)
square feet or less of cultivation, prepare, and package marijuana and to sell marijuana to retail marijuana stores,
to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
“Marijuana cultivation facility, standard” means an entity registered to cultivate in an area greater than five
hundred (500) square feet under cultivation, prepare, and package marijuana and to sell marijuana to retail
marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but
not to consumers.
“Marijuana product manufacturing facility” means a State-licensed fully enclosed secure indoor facility registered
to purchase marijuana, manufacture, prepare and package marijuana products, and sell marijuana and marijuana
products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
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“Marijuana products” means concentrated marijuana and marijuana products that are comprised of marijuana
and other ingredients and are intended for use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
“Marijuana testing facility” means a State-licensed commercial marijuana testing facility that is registered to
analyze and certify the safety and potency of marijuana and marijuana products.
“Mini-storage facility” means a completely enclosed structure containing three (3) or more areas or rooms
available for lease or rent for the purpose of the general storage of household goods, vehicles or personal
property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do
not fill the majority of the allowed storage space.
“Mobile home” means a structure, which is built on a permanent chassis in accordance with Department of
Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a
permanent foundation when connected to the required utilities. A mobile home is subject to all regulations
applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and
regardless of the nature of the foundation provided.
“Mobile home park” means a site with required improvements and utilities for the long-term parking of mobile
homes which may include services and facilities for the residents.
“Modular home” means a dwelling constructed in modules or sections at a place other than the building site, built
to conform to KMC Title 4, is transported to the site and then assembled and placed on a permanent foundation.
“Motel” means a group of one (1) or more detached or semi-detached buildings containing two (2) or more
individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or
transients, with a garage attached or parking space conveniently located to each unit, including groups designated
as auto courts, motor lodges, or tourist courts.
“Museum” means a building or structure that houses and cares for a collection of artifacts and other objects of
scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may
be permanent or temporary.
“Necessary aviation facilities” means any air navigation facility, airport visual approach aid, airfield lighting and
signage, meteorological device or any type of device approved by the Federal Aviation Administration (FAA), the
location and height of which is fixed by its functional purpose.
“Nonconforming lot” means a lot lawfully existing at the time this chapter became effective, which by reason of
area or dimensions, does not meet the development requirements for the zone in which it is located.
“Nonconforming structure” means a structure or portion thereof, lawfully existing at the time this chapter became
effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the
development requirements of this zone.
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“Nonconforming use” means a use of a structure or land, or of a structure and land in combination, lawfully
existing at the time this chapter became effective, or established on the premises of a previous nonconforming
use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists.
“Nursing, convalescent or rest home” means a building or structure used as a residence for people who require
constant nursing care and/or have significant deficiencies with activities of daily living.
“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service,
industry, or government.
“On-site consumption endorsement” means the State-regulated consumption of certain marijuana products at or
adjacent to a retail marijuana store by patrons of the commercial marijuana establishment.
“Park” means a tract of land, designated by a public entity for the enjoyment of the public and generally used for
active and passive recreational activities.
“Parking, public lots” means a parking area available to the public, whether or not a fee for use is charged.
“Parking space, private” means any automobile parking space, excluding garages, not less than nine (9) feet wide
and one hundred eighty (180) square feet in total area.
“Parking space, public” means an area of not less than one hundred eighty (180) square feet exclusive of drives or
aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles
operated by individual drivers.
“Person” means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm,
partnership, or corporation, or their successors and/or assigns or the agent of any of the aforesaid.
“Personal services” mean establishments engaged in providing services involving the care of a person or his or her
apparel.
“Planned unit residential development” means an alternative method of development of a residential
neighborhood under more flexible conditions than otherwise required in a specific zoning district.
“Principal use” means the major or predominant use of a lot or parcel of land.
“Profession” means an occupation or calling requiring the practice of a learned art through specialized knowledge
based on a degree issued by an institution of high learning, e.g., Doctor of Medicine.
“Property owner” means the owner shown on the latest tax assessment roll.
“Public” means a place to which the public or a substantial group of persons has access and includes highway,
rivers, lakes, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons,
hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed
for actual residence.
“Recreation” means leisure activities sometimes requiring equipment and taking place at prescribed places, sites,
parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of
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special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared
facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking.
“Recreational vehicle” means a vehicular-type unit, primarily designed as temporary living quarters for recreational
camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle.
Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor
homes.
“Recreational vehicle park” means an area established by a conditional use permit for the parking of two (2) or
more recreational vehicles on a temporary basis.
“Recreation or youth center” means a building, structure, athletic playing field, or playground, run or created by a
local government or the State to provide athletic, recreational, or leisure activities for minors, or operated by a
public or private organization, licensed to provide shelter, training, or guidance for persons under twenty-one (21)
years of age.
“Restaurant” means an establishment where food and drink is prepared, served, and consumed primarily within
the principal building.
“Retail business” means establishments engaged in selling goods or merchandise to the general public for
business or personal/household consumption and rendering services incidental to the sale of such goods.
“Retail marijuana store” means a State-licensed entity registered to purchase marijuana from a marijuana
cultivation facility, to purchase marijuana and marijuana products from a marijuana manufacturing facility, and
sell marijuana and marijuana products to consumers.
“Secondary use” means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the
property.
“Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade
names, or trademarks by which anything is made known, such as are used to designate an individual, firm,
association, corporation, profession, business, or a commodity or product, which are visible from any public street
or highway and used to attract attention.
“Square feet under cultivation” means an area of the licensed premises of a standard or limited cultivation facility
that is used for growing marijuana, measured on the perimeter of the floor or growing space for marijuana.
“Square feet under cultivation” does not include hallways, equipment storage areas, or other areas within the
licensed premises that are not used for growing marijuana such as an office, or a processing or storage area.
“State highway” means a right-of-way classified by the State of Alaska as a primary or secondary highway.
“Storage yard” means a lot used primarily for the storage of operational vehicles, construction equipment,
construction materials or other tangible materials and equipment.
“Street” means a public right-of-way used as a thoroughfare and which is designed and intended to provide the
primary means of access to property abutting thereon.
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“Structure” means that which is built or constructed, an edifice or a building of any kind, composed of parts joined
together in some definite manner.
“Subsurface extraction of natural resources” means removing valuable minerals or other geological materials from
the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious
metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash.
“Surface extraction of natural resources” means removal of material, usually soil, gravel, or sand for use at another
location.
“Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for display.
“Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and/
or of live dramatic, speaking, musical, or other presentations.
“Townhouse” means single-family dwelling units constructed in a series or group of two (2) or more units
separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor
to the roof along the linking lot line.
“Tree nursery” means a place where trees/plants are propagated and grown to usable size.
“Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land
or a building is or may be occupied or maintained.
“Variance” means the relaxation of the development requirements of this chapter to provide relief when the literal
enforcement would deprive a property owner of the reasonable use of his or her real property.
“Warehouse” means a building or structure used for the storage of goods, wares and merchandise that will be
processed, sold or otherwise disposed of off of the premises.
“Wholesale business” means business conducted primarily for the purpose of selling wares or merchandise in
wholesale lots to retail merchants for resale.
“Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except
where specifically provided by this chapter, on the same lot on which a building is situated.
“Yard, front” means a yard extending across the full width of the lot between the front lot line of the lot and the
nearest exterior wall of the building which is the nearest to the front lot line.
“Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the
rear lot line.
“Yard, side” means a yard on each side of a main building and extending from the front lot line to the rear lot line.
The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the
nearest part of the main building.
“Zoning change” means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land,
from one zone to another; and the change of any of the regulations contained in this chapter.
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The Kenai Municipal Code is current through Ordinance 3102-2020, passed February 5, 2020.
Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk
for ordinances passed subsequent to the ordinance cited above.
City Website: www.kenai.city
City Telephone: (907) 283-7535
Code Publishing Company
“Zoning ordinance or ordinances” mean the zoning ordinance of the City of Kenai and KMC Title 14.
(Ords. 925, 1017, 1179, 1305-89, 1306-89, 1634-95, 1744-97, 1745-97, 1862-2000, 1910-2001, 2068-2004,
2094-2005, 2099-2005, 2100-2005, 2185-2006, 2195-2006, 2272-2007, 2652-2012, 2688-2013, 2870-2016,
2884-2016, 3068-2019)
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3132-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $454.84 IN THE GENERAL FUND –
POLICE DEPARTMENT FOR DRUG INVESTIGATION OVERTIME EXPENDITURES.
WHEREAS, the Kenai Police Department assists the Regional Drug Task Force on initiatives with
funding availability through the Alaska High Intensity Drug Traffic Area (HIDTA), which is funded
through a federal government appropriation; and,
WHEREAS, funding through HIDTA is available to reimburse certain overtime expenditures for
the Kenai Police Officers that assist the regional drug task force on those HIDTA initiatives; and,
WHEREAS, the most recent overtime expense eligible for reimbursement is $454.84.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these funds from the HIDTA in the
amount of $454.84 and to expend those funds to fulfill the purpose and intent of this ordinance
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Federal Grants - Police $454.84
Increase Appropriations –
Police - Overtime $454.84
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
Page 51
Ordinance No. 3132-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 3, 2020
Enacted: June 17, 2020
Effective: June 17, 2020
Page 52
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: May 21, 2020
SUBJECT: Ordinance No. 3132-2020, Accepting HIDTA Grant Funds
The Kenai Police Department assists the Regional Drug Task Force. In August of 2019 certain
overtime worked to assist the regional drug task force was eligible for reimbursement through the
Alaska High Intensity Drug Trafficking Area (HIDTA), which receives its funding through federal
appropriation. The Police Department requested and received reimbursement for $454.84 in
overtime expenditures.
I am respectfully requesting consideration of the ordinance accepting and appropriating the grant
funds for the purpose they were intended.
Page 53
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3133-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING A
BUDGET TRANSFER IN THE AIRPORT TERMINAL IMPROVEMENT CAPITAL PROJECT
FUND AND APPROPRIATING FY2020 BUDGETED FUNDS IN THE AIRPORT MASTER PLAN
CAPITAL PROJECT, AIRPORT SNOW REMOVAL EQUIPMENT AND AIRPORT OPERATIONS
FACILITY IMPROVEMENT CAPITAL PROJECT FUNDS FOR HEATING, VENTILATION AND
AIR CONDITIONING (HVAC) IMPROVEMENT TO THE AIRPORT OPERATIONS FACILITY
AND REPLACEMENT OF THE AIRPORT’S WIDE AREA MOWER.
WHEREAS, the FY2021 Airport Capital Improvement Plan included an $131,000 project to
replace the airport’s wide area mower and tractor; and,
WHEREAS, fund balance in the amount of $2,515 remains in the Airport Master Plan
Improvement Capital Project Fund from the completed Airport Master Plan Project that is available
for reappropriation; and,
WHEREAS, excess funds from the Terminal Rehabilitation Project in the amount of $208,485 are
available for redirection to fund these projects; and,
WHEREAS, repairs to the Airport Operations Facility HVAC and replacement of the Airport’s wide
area mower are important to operations at the Kenai Municipal Airport and in the best interest of
the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the following budget transfer is authorized:
Airport Terminal Improvement Capital Project Fund
Decrease - Construction $208,485
Increase – Transfer to Other Funds $208,485
Section 2. That the estimated revenues and appropriations be increased as follows:
Airport Master Plan Capital Project Fund
Increase Estimated Revenues –
Appropriation of Fund Balance $ 2,515
Increase Appropriations –
Transfer to Other Funds $ 2,515
Page 54
Ordinance No. 3133-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. That the estimated revenues and appropriations be increased as follows:
Airport Operations Facility Improvement Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $ 80,000
Increase Appropriations –
HVAC Repairs Capital Project $ 80,000
Section 4. That the estimated revenues and appropriations be increased as follows:
Airport Snow Removal Equipment Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $131,000
Increase Appropriations –
Wide Area Mower Replacement Capital Project $131,000
Section 5. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 6. Effective Date: That this ordinance shall take effect on July 1, 2020, the effective
date of the FY2021 City of Kenai Annual Budget.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 3, 2020
Enacted: June 17, 2020
Effective: July 1, 2020
Page 55
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: May 27, 2020
SUBJECT: Recommended enactment of Ordinance 3133-2020.
This memo recommends enactment of Ordinance 3133-2020, authorizing appropriations in the
Airport Operations and Airport Snow Removal Equipment Capital Improvement Funds and a
budget transfer in the Airport Terminal Improvements Capital Project Fund for the funding and
establishment of FY2021 Airport Capital Improvement Plan Projects. Funding for these projects
will be from residual funds from the completed Airport Master Plan Project and residual funds
from the Terminal Rehabilitation Project. The projects include heating, ventilation and air
conditioning system upgrades at the Airport Operations Facility, $80,000 and replacement of the
Airports wide area mower, $131,000. Your support for enactment is respectfully requested.
Page 56
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3133-2020 (SUBSTITUTE)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE
FUND, AUTHORIZING A BUDGET TRANSFER IN THE AIRPORT TERMINAL IMPROVEMENT
CAPITAL PROJECT FUND AND APPROPRIATING FY2020 BUDGETED FUNDS IN THE
AIRPORT MASTER PLAN CAPITAL PROJECT, AIRPORT SNOW REMOVAL EQUIPMENT
AND AIRPORT OPERATIONS FACILITY IMPROVEMENT CAPITAL PROJECT FUNDS FOR
HEATING, VENTILATION AND AIR CONDITIONING (HVAC) IMPROVEMENT TO THE
AIRPORT OPERATIONS FACILITY AND REPLACEMENT OF THE AIRPORT’S WIDE AREA
MOWER.
WHEREAS, the FY2021 Airport Capital Improvement Plan included a $131,000 project to replace
the airport’s wide area mower and tractor as well as a $80,000 project for Airport Operations DDC
Controls Conversion; and,
WHEREAS, fund balance in the amount of $2,515 remains in the Airport Master Plan
Improvement Capital Project Fund from the completed Airport Master Plan Project that is available
for re-appropriation; and,
WHEREAS, excess funds from the Terminal Rehabilitation Project in the estimated amount of
$XXX,XXX are available for redirection to fund these projects; and,
WHEREAS, the remaining $XXX,XXX is available in the Airport Special Revenue Fund’s, Fund
Balance; and,
WHEREAS, repairs to the Airport Operations Facility HVAC and replacement of the Airport’s wide
area mower are important to operations at the Kenai Municipal Airport and in the best interest of
the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the following budget transfer is authorized:
Airport Terminal Improvement Capital Project Fund
Decrease - Construction $XXX,XXX
Increase – Transfer to Other Funds $ XXX,XXX
Section 2. That the estimated revenues and appropriations be increased as follows:
Airport Master Plan Capital Project Fund
Page 57
Ordinance No. 3133-2020 (SUBSTITUTE)
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Increase Estimated Revenues –
Appropriation of Fund Balance $ 2,515
Increase Appropriations –
Transfer to Other Funds $ 2,515
Section 3. That the estimated revenues and appropriations be increased as follows:
Airport Special Revenue Fund
Increase Estimated Revenues –
Appropriation of Fund Balance $XXX,XXX
Increase Appropriations –
Transfer to Other Funds $XXX,XXX
Section 4. That the estimated revenues and appropriations be increased as follows:
Airport Operations Facility Improvement Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $ 80,000
Increase Appropriations –
HVAC Repairs Capital Project $ 80,000
Section 5. That the estimated revenues and appropriations be increased as follows:
Airport Snow Removal Equipment Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $131,000
Increase Appropriations –
Wide Area Mower Replacement Capital Project $131,000
Section 6. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 7. Effective Date: That this ordinance shall take effect on July 1, 2020, the effective
date of the FY2021 City of Kenai Annual Budget.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Page 58
Ordinance No. 3133-2020 (SUBSTITUTE)
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 3, 2020
Enacted: *****, 2020
Effective: *****, 2020
Page 59
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3134-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
FUNDS IN THE WATER & SEWER IMPROVEMENT AND WASTEWATER TREATMENT
FACILITY IMPROVEMENT CAPITAL PROJECT FUNDS FOR FY2021 CAPITAL
IMPROVEMENT PLAN PROJECTS.
WHEREAS, the FY2021 Water and Sewer Special Revenue Fund Budget included transfers in
the amount of $882,577 to fund Water and Sewer and Wastewater Capital Projects in FY2021;
and,
WHEREAS, $17,423 is available from completed Water and Sewer Capital Projects for
reappropriation to new projects; and,
WHEREAS, appropriation of these funds is required to establish and fund new projects which are
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Water & Sewer Improvement Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $97,577
Appropriation of Fund Balance 17,423
$115,000
Increase Appropriations –
SCADA System Integration Capital Project $ 35,000
Manhole Restoration Capital Project 80,000
$115,000
Section 2. That the estimated revenues and appropriations be increased as follows:
Wastewater Treatment Facility Improvement Capital Project Fund
Increase Estimated Revenues –
Transfer from Other Funds $785,000
Increase Appropriations –
Digester Blower Replacement and Building Capital Project $750,000
SCADA System Integration Capital Project 35,000
$785,000
Page 60
Ordinance No. 3134-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That this ordinance shall take effect on July 1, 2020, the effective
date of the FY2021 City of Kenai Annual Budget.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 3, 2020
Enacted: June 17, 2020
Effective: July 1, 2020
Page 61
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: May 27, 2020
SUBJECT: Recommended enactment of Ordinance 3134-2020.
This memo recommends enactment of Ordinance 3134-2020 appropriating FY2021 Capital Plan
Projects in the Water and Sewer and Wastewater Treatment Facility Capital Improvement Funds.
Funding for FY2021 projects will be from a Water & Sewer Special Revenue Fund transfer,
included in the FY2021 Adopted Budget, and residual funds from previous Kenai Water & Sewer
Capital Projects. The projects include Water & Sewer SCADA Integration, $35,000, Water and
Sewer manhole restoration, $80,000, W astewater Treatment Facility digester blower replacement
and building construction, $750,000 and Wastewater Treatment Facility SCADA integration,
$35,000. Your support for enactment is respectfully requested.
Page 62
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3135-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
FY2020 BUDGETED FUNDS IN THE KENAI MULTIPURPOSE FACILITY IMPROVEMENTS
CAPITAL PROJECT FUND FOR INSTALLATION OF AN EXHAUST FAN AND CORROSION
REMEDIATION.
WHEREAS, the FY2021 General Fund Budget included a $152,259 transfer to the Kenai
Multipurpose Facility Improvement Capital Project Fund for installation of an exhaust fan and
corrosion remediation; and,
WHEREAS, $2,741 remains in the Kenai Multipurpose Facility Improvement Capital Project Fund
from previously completed projects and is available for appropriation to new projects; and,
WHEREAS, appropriation of these funds is required to establish and fund new projects which are
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Kenai Multipurpose Facility Improvement Capital Project Fund
Increase Estimated Revenues –
Transfer from General Fund $152,259
Appropriation of Fund Balance 2,741
$155,000
Increase Appropriations –
Exhaust Fan Installation Capital Project $ 75,000
Corrosion Remediation Capital Project 80,000
$155,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That this ordinance shall take effect on July 1, 2020, the effective
date of the FY2021 City of Kenai Annual Budget.
Page 63
Ordinance No. 3135-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 3, 2020
Enacted: June 17, 2020
Effective: July 1, 2020
Page 64
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: May 27, 2020
SUBJECT: Recommended enactment of Ordinance 3135-2020.
The purpose of this memo is to recommend enactment of Ordinance 3135-2020 appropriating
FY2021 Capital Plan Projects in the Kenai Multipurpose Facility Capital Improvement Fund.
Funding for FY2021 projects will be from a General Fund transfer, included in the FY2021
Adopted Budget, and residual funds from previous Kenai Multipurpose Facility Capital Projects.
The projects include the installation of an exhaust fan, $75,000 and corrosion remediation,
$80,000. Your support for enactment is respectfully requested.
Page 65
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3142-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FY2021
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL, PERSONAL USE
FISHERY SPECIAL REVENUE, AND SENIOR CITIZEN SPECIAL REVENUE FUNDS; FOR
FY2021 INSURANCE COVERAGE.
WHEREAS, with the assistance of its broker, the City solicited quotes for General Liability &
Automobile, Property & Mobile Equipment, Airport Liability, Marine Liability and Workers’
Compensation from the two public entity risk pools operating in Alaska; and,
WHEREAS, Alaska Municipal League Joint Insurance Association provided the lowest total quote
for General Liability & Automobile, Property & Mobile Equipment, Airport Liability, Marine Liability
and Workers’ Compensation; and,
WHEREAS, after a coverage comparison, the City’s broker has recommended binding of
insurance with Alaska Municipal League Joint Insurance Association for the policy year beginning
July, 1, 2020 through June 30, 2021 and executing a three-year agreement for coverage to
commence on July 1, 2020 and ending June 30, 2023; and,
WHEREAS, sufficient funds were not included in the FY2020 budget for the General, Airport
Special Revenue, Personal Use Fishery Special Revenue, and Senior Citizen Special Revenue
Funds to bind coverage requiring supplemental funding, and;
WHEREAS, pursuant to KMC 1.15.70(d) the City may introduce and finally pass on the same day,
an ordinance making, repealing, transferring or otherwise changing an appropriation; and,
WHEREAS, maintaining quality and sufficient amounts of insurance coverage is in the best
interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $5,157
Increase Appropriations – Non-Departmental
Insurance $4,587
Transfer to Senior Citizen Fund 570
$5,157
Page 66
Ordinance No. 3142-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. That the estimated revenues and appropriations be increased as follows:
Personal Use Fishery Special Revenue Fund:
Increase Estimated Revenues -
Appropriation of Fund Balance $661
Increase Appropriations –
Public Safety - Insurance $123
Streets – Insurance 60
Parks, Recreation & Beautification - Insurance 363
Boating Facility - Insurance 115
$661
Section 3. That the estimated revenues and appropriations be increased as follows:
Senior Citizen Special Revenue Fund:
Increase Estimated Revenues -
Transfer from General Fund $570
Increase Appropriations –
Senior Citizen Access - Insurance $129
Congregate Meals – Insurance 155
Home Meals - Insurance 135
Transportation – Insurance 71
Choice Waiver - Insurance 80
$570
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
Page 67
Ordinance No. 3142-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: June 17, 2020
Effective: June 17, 2020
Page 68
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: March 31, 2020
SUBJECT: Ordinance 3142-2020 – Providing Supplemental Funding to Bind City
Insurance Coverage for FY2021.
The purpose of the memo is to recommend enactment of Ordinance 3142-2020 that will provide
supplemental funding in the General Fund, Personal Use Fishery Fund and the Senior Citizen
Fund to bind General Liability & Automobile, Property & Mobile Equipment, Airport Liability,
Marine Liability and Workers’ Compensation insurance with Alaska Municipal League Joint
Insurance Association (AMLJIA) for the period July 1, 2020 through June 30, 2021.
The City terminated its existing three-year agreement with Alaska Public Entity Insurance (APEI)
and sought quotes for coverage when APEI’s renewal quote exceeded a 10% increase in cost.
AMLJIA provide a quote that was approximately 14% less, $101,422, with comparable terms of
coverage and coverage limits.
The insurance markets are “hardening”, an industry term when carriers are reducing capacity and
seeking higher premiums, because of significant losses in recent years from hurricanes, wildf ires,
sexual abuse and molestation (SAM) and police liability claims. The projected increase in the
FY2021 Budget was not sufficient for the General, Personal Use Fishery, and Senior Citizen funds
requiring supplemental funding in order to bind insurance for July 1, 2020 – June 30, 2021.
Your support for Ordinance 3142-2020 is respectfully requested.
Page 69
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-41
A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING A LEASE RENEWAL OF
AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND KENAI AVIATION
SERVICES, INC. D/B/A AVIATION SERVICES, FOR LOT 1A, BLOCK 1, GENERAL AVIATION
APRON SUBDIVISION NO. 6.
WHEREAS, Kenai Aviation Services, Inc. d/b/a Aviation Services, submitted a complete lease
application to the City and paid the required application fee; and,
WHEREAS, Kenai Aviation Services is eligible for a lease for a term of 10 years based upon the
term table in Kenai Municipal Code (KMC) 21.10.080(b) and a professional estimate of $250,000
for the value of existing improvements meeting requirements of a lease renewal of an expiring
lease in KMC 21.10.070(d)(2); and,
WHEREAS, Kenai Aviation Services is current on obligations to the City of Kenai; and,
WHEREAS, the lease use will continue to be for aircraft parking, aircraft sales & service, repair &
maintenance, sale of petroleum products, aircraft parts, aircraft rental, charter flights, pilot training
& air cargo service; and,
WHEREAS, there will continue to be a sublease to United Parcel Service, Inc. (UPS) on the
parcel; and,
WHEREAS, the lease use is compatible with Kenai Municipal Zoning Code for allowed uses within
the Airport Light Industrial (ALI) Zone; and,
WHEREAS, the lease use conforms to the 2016 Comprehensive Plan and supports Goal 5 –
Transportation: provide transportation systems that are efficient and adequate to serve the
regional needs of the community; and,
WHEREAS, the use proposed is compatible and conforms with the Airport Land Use Plan, Airport
Layout Plan, Federal Aviation Administration regulations, Airport Master Plan, Airport
Improvement Program grant assurances, and Airport operations; and,
WHEREAS, the City of Kenai did not receive a competing lease application within 30 days of
publishing a public notice of the lease application, pursuant to KMC 21.10.075 – Competing
Applications; and,
WHEREAS, at a regular meeting on June 11, 2020, the Airport Commission reviewed the lease
renewal application submitted by Kenai Aviation Services, Inc. d/b/a Aviation Services and
recommended approval by the City Council; and,
Page 70
Resolution No. 2020-41
Page 2 of 2
_____________________________________________________________________________________
WHEREAS, at a regular meeting on June 10, 2020, the Planning and Zoning Commission
reviewed the lease renewal application submitted by Kenai Aviation Services and
recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That a Lease Renewal of Airport Reserve Lands is approved and the City Manager
is authorized to execute a lease using the standard lease form between the City of Kenai, Lessor,
and Kenai Aviation Services, Inc. d/b/a Aviation Services, Lessee, for a term of 10 years for Lot
1A, Block 1, General Aviation Apron Subdivision No. 6; and,
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 71
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 12, 2020
SUBJECT: Resolution No. 2020 - 41 - Execution of a 10-Year Lease Renewal
Kenai Aviation Services, Inc. d/b/a Aviation Services (Applicant), submitted an application to the
City requesting a 10-year extension to their Lease of Airport Reserve Lands for the property
described as Lot 1A, Block 1, General Aviation Apron (GAA) Subdivision No. 6. The property is
located at 330 Main Street Loop, Kenai, AK 99611, and the Kenai Peninsula Borough parcel
number is 04324028. Pursuant to the term table in Kenai Municipal Code (KMC) 21.10.080(b)
and a professional estimate of the value of existing improvements meeting requirements of a
lease renewal of an expiring lease in KMC 21.10.070(d)(2), the applicant qualifies for a lease term
of 10 years. Pursuant to Kenai Municipal Code 21.10.075 – Leasing and Acquisition of Airport
Reserve Lands, Competing Applications, the City posted notice of the lease application and did
not receive a competing lease application for the parcel within 30 days.
The applicant currently subleases the parcel to United Parcel Service (UPS) and the applicant
expects UPS to continue subleasing the parcel. The applicant has provided the City a copy of
their sublease agreement with UPS. The uses allowed on the current lease would remain the
same; the uses are the following: aircraft parking, aircraft sales & service, repair & maintenance,
sale of petroleum products, aircraft parts, aircraft rental, charter flights, pilot training & air cargo
service.
The applicant converted to the City’s new standard lease form in 2019. Kenai Aviation Services,
Inc. is current on rent payments and obligations to the City. The annual lease rate is set to be
$10,238.46 starting July 1, 2020 with approval of a lease renewal.
The parcel is within the Airport Light Industrial (ALI) Zone. The intent of the ALI Zone is to protect
the viability of the Kenai Municipal Airport as a significant resource to the community by
encouraging compatible land uses and reducing hazards that may endanger the lives and
property of the public and aviation users. The proposed use by Kenai Aviation Services, Inc. is a
permitted use in the ALI Zone and is a compatible land use. The sublease to UPS provides
necessary shipping services to the City.
The proposed use by the applicant complies with the 2016 Imagine Kenai 2030 Comprehensive
Plan. It supports Goal 5-Transportation, which has a vision for Kenai Municipal Airport as a
Page 72
Page 2 of 2
gateway to the Kenai Peninsula and West Cook Inlet. The proposed use also supports Goal 3-
Economic Development to support the fiscal health of the City of Kenai.
The Airport Land Use Plan was developed to identify the highest and best uses of Kenai Municipal
Airport land. The Airport Land Use Plan discusses leasing land and enhancing opportunities for
local economic development. The proposed use by the applicant complies with the Airport Land
Use Plan. The application is also in compliance with the Airport Layout Plan, Federal Aviation
Administration regulations, Airport Master Plan, Airport Improvement Program grant assurances,
and Airport operations.
The Planning and Zoning Commission recommended approval of the lease application during
their June 10, 2020 meeting. The Airport Commission recommended approval of the lease
application during their June 11, 2020 meeting.
Resolution No. 2020-41 would grant the approval of the Kenai City Council for the City Manager
to enter into a 10-year renewal of the Lease of Airport Reserve Lands between the City of Kenai
and Kenai Aviation Services, Inc. d/b/a Aviation Services for Lot 1A, Block 1, GAA Subd. No. 6
and approval of the continuing sublease to UPS.
Thank you for your consideration.
ATTACHMENTS
1. Aerial Map
2. Lease Renewal Application
Page 73
Action-Approval - 10-Year Lease Renewal
Parcel 04324028
330 Main Street Loop
Lot 1A, Block 1, GAA Apron No. 6
FBO RDMAIN STREET L
O
OP RD
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Date: May 2020
04020 Feet
LEGEND
Parcel 04234028
Page 74
City of Kenai
Land Lease Application
Name of Applicant: 8/J X TEP. f. ,S IJ I D~I{
Application for:
Cl Amendment
0 Assignment
0 New lease
OExtension
SRenewal
Mailing Address: 7qq £. LOE fljf J..N · City: M/J~/IAIS vJ1.L State: ;!/V Zip Code: L/6151
Phone Number(s}: Home Phone: i..J 1 li 5' 0 7 t' J 'I 2 Work/ Message Phone: 'I) I./ S' tJ 7 8' 1 9 2
E-mail: (Optional} n SC( C @ a.ff" n~ T
Name to Appear on Lease:
Mailing Address: 7 'f'f E. LOEHR /..,.; · City: .M~il1°1.N.H'llL£ State: ::C JJ Zip Code: '/ 6 151
PhoneNumber(s): Home Phone: L/11./ ¥<J7 rf'1q·i.. Work/MessagePhone: 41£/ f"t>7 ffJ'12
E-mail: (Optional) n sac @ a ff . n e T
Type of Applicant: Cl Individual (at least 18 years of age)
0 Limited Liability Company (LLC)
n Partnership )(Corporation I Government
n Other
Property Information and Term Requested
Legal description of property (or, if subdivision is required, a brief description of property):
LOI IA BLtJC.K / (Y-&"1t!~AL /;J'(l/!IT/"Al APdDN 51JliJiV/,S'/~N ,tit?. 6 14ac>~.Juµ~ /t.> f'hP e1n:,,~oa
f1..h.,. tAlr~# f:tL6f:, u-Ll·~M PJ.lf.., NP . :i..cc 7 -'II{/ l<A'A.14 I /J1i.A';-'T /91.19$#09
Does the property require subdivision? (if Yes, answer next questions) DYES ENO
Subdivision costs are the responsibility of the applicant unless the City Council
determines a subdivision serves other City purposes:
1. Do you believe the proposed subdivision would serve other City purposes? D YES~ NO
2. If determined it does not, applicant is responsible for all subdivision costs. Initials #F.5
If an appraisal is required to determine the minimum price on the land, applicant is responsible
for the deposit to cover costs associated with appraisal. If a sale is approved, the cost of the Initials /JF'S
appraisal will be either refunded or credited to the applicant.
It is the responsibility of the applicant to cover recording costs associated with lease. Initials • .Bf 5
Do you have or have you ever had a Lease with the City? (if Yes, answer next question) OIYES O NO
1. Legal or brief description of property leased: THI~ Pttof'i R.TY
I
Request a Lease with an Option to Purchase once development requirements are met? D YES ~NO
Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years): Io YiliP.5 .
Requested term for Lease Extension (based on Tenn Table, not to exceed a total of 45 Years):
Requested Starting Date: A ( {lf/lJVi1tv'~T/t)V IJ r ~"'fl..{{ EN r t. ll "1 s· £. J() 'JUN ..2,.0lO
Page 75
. -... . ---· -. -----. . . '
· Proposed Use and Improvements !
Proposed Use (check one): /(Aeronautical ' Non-Aeronautical
Do you plan to construct new or additional improvements? (if Yes, answer next five questions) L YES lG NO
1 . Will the improvement change or alter the use under an existing lease? I YES ~ NO
2. What is the proposed use of the improvement? 5'ili1 J.,t~J.vO ro 111.JJfib fAllCI< _s'V/111.c.? """'· ~PNii,µ~c..
3 . What is the estimated value of the improvement?
4 . What is the nature and type of improvement?
s. What are the dates construction is esti mated to commence and be completed?
(generally, construction must be completed within two years)
Estimated Start Date: Estimated Completion Date:
Describe the proposed business or activity intended : tA f 5 w' L l
ttfµrtl/J IN'Cr fo#D 0"-w•V <flA-01Al6 l'.<kk'A~.fs ON r1·1£11{
"fflLICJ(S L-040$ y;-Jt1tUIVt> lff<l/J (:_·ONS:fJLJO/J-'EO 011/tlt.ll)•ll.:J
(&JAJ"("JNI-'~ {O
PEO'l>Fll /ll~t'RAFr
Oft-ltA"f'lf /f-(et~
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How does the proposed lease support a thriving business, residential, recreational, or cultural community?
"('ff/$ /..ff/J~li /VI l-l.. R ')(7$1.tO ~~ /,/PS <:>fP/?A7fOA)~ /AJ f(,r,u/f.:r
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
J11/fJ
1 Renewal of an Existing Lease (at least one year of term remaining}: Requires new development.
Lease Term based on: Estimated cost of new improvements and I Purchase Price (optional)
'ltl~newal of an Expiring Lease (less than one year of term remaining): Does not require new development.
Lease Term based on: fJ. Purchase Price g Professional Estimate of Remaining Useful Life
~Fair Market Value appraisal and/or QEstimated cost of new improvements (optional)
Requested Term for Renewal Based on Term Table, not to exceed 45 Years:
Submitting an application for a lease does not give the applicant a right to lease or use the !and requested in tt.e application. The application
shall expire twelve (12} months after the date the application has been made if the City and the applicant have not, by \hat time, entered into a
ease, unless the City Council for good cause grants an -extension for a period not to exceed six (6) months. The City has no obligation to
3 mend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is
1ot in the best interest of the City
Signature:
::>rint Name:
=ar· C1tY Use Only·
J General Fund
)!.Airport Fund
1c.count Number-
12'-Airport Reser1e Land
D Outside Airport Reserve
Date: JY 1>111r..
0
Title:
Date Applicabon Fee Received:
Date Application Determined Complete·
30-Day Notice Publication Date:
City Coul"cil Action/Resolution
·.
Page 76
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-42
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
BINDING OF INSURANCE COVERAGE FOR THE CITY FOR THE PERIOD OF JULY 1, 2020
THROUGH JUNE 30, 2021 AND AUTHORIZING EXECUTION OF A THREE-YEAR
AGREEMENT FOR INSURANCE COVERAGE.
WHEREAS, with the assistance of its broker, the City solicited quotes for General Liability &
Automobile, Property & Mobile Equipment, Airport Liability, Marine Liability and Workers’
Compensation from the two public entity risk pools operating in Alaska; and,
WHEREAS, Alaska Municipal League Joint Insurance Association provided the lowest total quote
for General Liability & Automobile, Property & Mobile Equipment, Airport Liability, Marine Liability
and Workers’ Compensation; and,
WHEREAS, after a coverage comparison, the City’s broker has recommended binding of
insurance with Alaska Municipal League Joint Insurance Association for the policy year beginning
July, 1, 2020 through June 30, 2021 and executing a three-year agreement for coverage to
commence on July 1, 2020 and ending June 30, 2023; and,
WHEREAS, execution of a three-year agreement for coverage entitles the City to a discount of
$31,380 and allows the City to terminate the agreement time should the annual premium for
coverage increase by more than 10% year over year, excluding changes in declared values; and,
WHEREAS, maintaining quality and sufficient amounts of insurance coverage 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. That the City Manager is authorized to bind the City’s insurance coverages for the
policy period of July 1, 2020 through June 30, 2021 with Alaska Municipal League Joint Insurance
Arrangement (AMLJIA).
Section 2. That the City Manager is authorized to execute a three-year agreement for
insurance with AMLJIA to for the period July 1, 2020 through June 30, 2023.
Section 2. That this resolution takes effect immediately upon passage.
Page 77
Resolution No. 2020-42
Page 2 of 2
_____________________________________________________________________________________
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: ___________
Contingent upon passage of Ordinance 3042-2020.
Page 78
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: March 31, 2020
SUBJECT: Resolution 2020-42 – Recommendation to bind coverage with Alaska
Municipal League Joint Insurance Association (AMLJIA).
The purpose of the memo is to recommend binding of General Liability & Automobile, Property &
Mobile Equipment, Airport Liability, Marine Liability and Workers’ Compensation insurance with
Alaska Municipal League Joint Insurance Association (AMLJIA) for the period July 1, 2020
through June 30, 2021 and to authorize the execution of a three-year agreement with AMLJIA for
these coverages.
Execution of a three-year agreement entitles the City to a discount of $31,380. The City may
terminate this agreement at any time should the annual premium for coverage increase by more
than 10% year over year, excluding changes in declared values.
The City terminated its existing three-year agreement with Alaska Public Entity Insurance (APEI)
and sought quotes for coverage when APEI’s renewal quote exceeded a 10% increase in cost.
AMLJIA provide a quote that was approximately 14% less, $101,422, with comparable terms of
coverage and coverage limits.
Your support for Resolution 2020-42 is respectfully requested.
Page 79
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-43
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR
JANITORIAL SERVICES AT THE KENAI MUNICIPAL AIRPORT.
WHEREAS, the following bids for janitorial services at the Kenai Airport were received on June 5,
2020;
BIDDER TOTAL BASIC BID
Reborn Again Janitorial Service $4,231.25/month
Simply Citrus Cleaning & Maintenance $5,982.00/month
Integrity Janitorial, LLC $6,840.00/month
Tim’s Janitorial, Inc. $8,190.00/month
and,
WHEREAS, Reborn Again Janitorial Services’ bid is the lowest responsible bid and award to this
bidder would be in the best interest of the City; and,
WHEREAS, the contract will be for a one-year term between July 1, 2020, through June 30, 2021,
and may be extended for four successive one-year terms by mutual consent of the City and the
contractor; and,
WHEREAS, the recommendation from City Administration is to award the contract to Reborn
Again Janitorial Service for the total annual cost of $50,775.00; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract to Reborn Again
Janitorial in the amount of $50,775.00 for the period of July 1, 2020 and ending June 30, 2021.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________
Page 80
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: June 8, 2020
SUBJECT: Resolution No. 2020-43 Award of Airport Janitorial Contract
With the current janitorial contract expiring on June 30, 2020, the Airport advertised an Invitation
to Bid for Janitorial Services at the Kenai Municipal Airport on May 6th and 10th, 2020. A pre-bid
meeting was held on Friday, May 15, 2020.
Four bid packets were picked up and four bids were opened on Friday, June 5, at 10:00 am.
BIDDER TOTAL BASIC BID
Reborn Again Janitorial Service $4,231.25/month
Simply Citrus Cleaning & Maintenance $5,982.00/month
Integrity Janitorial, LLC $6,840.00/month
Tim’s Janitorial, Inc. $8,190.00/month
In accordance with the bid documents, the contract award would be to the lowest, qualified,
responsive and responsible bidder. All bids were found responsive and responsible with Reborn
Again Janitorial Service the lowest bid.
Thank you for your consideration.
Page 81
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-44
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING A BUDGET REVISION IN
THE GENERAL FUND, FIRE DEPARTMENT FOR THE PURCHASE OF SELF-CONTAINED
BREATHING APPARATUS BOTTLES.
WHEREAS, the fire department received a grant to purchase new self-contained breathing
apparatus for each riding position on each apparatus in the department; and,
WHEREAS, the grant did not provide for enough spare bottles and the department is in need of
eleven additional bottles to be placed on various pieces of apparatus to provide spares during
operational activities; and,
WHEREAS, the Fire Department has purchased two bottles utilizing available funds but is in need
of a budget amendment for the purchase of the remaining nine bottles; and,
WHEREAS, the Department has identified surplus fund in other accounts which may be
transferred to accommodate this purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the following budget revision be made:
Decrease Budgeted Amounts
Fire Department – Repair & Maintenance $11,800
Increase Budgeted Amounts
Fire Department Fund – Small Tools: $11,800
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
_______________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________
Page 82
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: June 8, 2020
SUBJECT: Resolution 2020-44
The AFG grant that we just received, allowed us to purchase 21 Self Contained Breathing
Apparatus’ (SCBA’s), which was based on the riding positions for all of our Fire Engines in our
fleet. We were able to purchase 21 SCBA’s with 1 additional bottle for each, totaling 42 bottles.
However, each piece of fire apparatus has spare bottle compartments to provide additional bottles
for personnel on scene of a fire, as well as bottles needed for other equipment such as air chisels
and fill bottles for our Rapid Deploy Craft (RDC) rescue boat. After the allowable purchases
through the AFG grant, we are still currently missing 11 bottles to get us to where we need to be
with back ups for personnel and equipment.
In working with Finance, we have identified additional surplus funds in our FY20 budget that we
would like to use to purchase these needed bottles. The City received funds from the CARES Act
that provided monies to cover wages of Fire personnel, creating a surplus. We had enough funds
available to purchase 2 bottles from our Small Tools account, but are requesting a budget revision
transferring funds to purchase the remaining 9 bottles. The total of the 9 bottles is $11,800.
I respectfully request Council approval for this budget revision.
Page 83
_____________________________________________________________________________________
Sponsored by: Vice Mayor Molloy
CITY OF KENAI
RESOLUTION NO. 2020-45
A RESOLUTION OF THE CITY OF KENAI, ALASKA, NAMING THE CITY OF KENAI’S
WILDLIFE VIEWING PLATFORM AT BOAT LAUNCH ROAD, THE “TARBOX WILDLIFE
VIEWING PLATFORM.”
WHEREAS, Ken and Connie Tarbox ("Tarbox") were residents of the Central Kenai Peninsula
and officers of the Keen Eye Bird Club, who spent many hundreds of volunteer hours from the
early 2000s through 2019 as citizen volunteers, collaborating with multiple government
agencies, businesses and citizens, to create educational and recreational opportunities for
residents and to promote tourism on the Kenai Peninsula and in the City of Kenai, through the
development of infrastructure and programs for wildlife viewing; and,
WHEREAS, Tarbox were the prime citizen movers in the development of the Kenai Peninsula
Wildlife Viewing Trail and the publication and distribution of the trail guide, collaborating with
Alaska Department of Fish and Game, and several Chambers of Commerce, including the
Kenai Chamber of Commerce; and,
WHEREAS, Tarbox recognized that a wildlife viewing platform at the Boat Launch Road would
be an excellent addition for this Trail and would bring more tourists to the City of Kenai,
providing educational and recreational opportunities in the City of Kenai; and,
WHEREAS, Kenai Watershed Forum was interested in a tidal marsh rehabilitation and
conservation project in the same area, and the City of Kenai Administration was interested in
both concepts; and,
WHEREAS, Tarbox collaborated with the City of Kenai, the Kenai Watershed Forum, the U.S.
Department of the Interior, Kenai National Wildlife Refuge, the Alaska Department of Fish &
Game, Conoco Phillips, and the Natural Resource Conservation Service (Kenai) for the funding
and construction of the wildlife viewing platform on city land at Boat Launch Road, and for the
tidal marsh rehabilitation project; and,
WHEREAS, Tarbox and the Keen Eye Bird Club, together with the Kenai Watershed Forum,
developed the programs for the Kenai Birding Festival, and promoted and coordinated the
festival together with the Kenai Chamber of Commerce; and,
WHEREAS, Kenai's wildlife viewing platform at Boat Launch Road made the City of Kenai a
central hub not only for the festival, but also as a site for the Kenai Chamber of Commerce's
referral of visitors, providing an opportunity for residents and visitors to appreciate the Kenai
River Flats and enjoy wildlife viewing, including seals, beluga whales, moose and caribou, as
well as birds; and,
WHEREAS, Kenai's wildlife viewing platform at Boat Launch Road has not previously been
designated with a specified name; and,
Page 84
Resolution No. 2020-45
Page 2 of 2
_____________________________________________________________________________________
WHEREAS, in recognition of the Tarbox's volunteer contributions over many years to
development of infrastructure and programs which created educational and recreational
opportunities for residents of, and tourists in, the City of Kenai, the City Council desires to
recognize Ken and Connie Tarbox by naming Kenai's wildlife viewing platform at Boat Launch
Road the “Tarbox Wildlife Viewing Platform;" and,
WHEREAS, the Kenai Watershed Forum, the Department of the Interior, Kenai National Wildlife
Refuge, and members of the public have expressed support for the City Council's naming this
platform the “Tarbox Wildlife Viewing Platform."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That in recognition of Ken and Connie Tarbox's volunteer contributions over
many years to development of infrastructure and programs which created educational and
recreational opportunities for residents of, and tourists in, the City of Kenai, the City Council
desires to recognize Ken and Connie Tarbox by naming Kenai's wildlife viewing platform at Boat
Launch Road the “Tarbox Wildlife Viewing Platform."
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 85
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
CC: City Manager and Administration
FROM: Vice Mayor Molloy
DATE: June 10, 2020
SUBJECT: RESOLUTION NO. 2020-45
Kenai's wildlife viewing platform at Boat Launch Road has not previously been designated with
a specified name. This resolution names this wildlife viewing platform the “Tarbox Wildlife
Viewing Platform" in recognition of Ken and Connie Tarbox's volunteer contributions over many
years to development of infrastructure and programs which created educational and recreational
opportunities for residents of, and brought tourists to, the City of Kenai.
Members of the public requested, and have supported, naming this platform in recognition of the
Tarbox's citizen volunteer work; and project partners Kenai Watershed Forum and the U.S.
Department of the Interior, Kenai National Wildlife Refuge, have submitted letters of support for
naming this platform the “Tarbox Wildlife Viewing Platform."
Ken and Connie Tarbox moved to Alaska in 1976, then to the Kenai Peninsula in 1980. Ken
was the Research Project Leader for Upper Cook Inlet Commercial Fish Division of ADF & G.
Connie was a Pre-school teacher. They raised three daughters on the Kenai, and were
volunteers for local organizations like Skyview Site Council (Ken) and the Kenai Fine Arts Guild
(Connie). After retirement, Ken and others started the Kenai King Salmon Fund, Ken was a
Board member of the Community Dialogue Group, and Connie continued her volunteer work
with the Kenai Fine Arts Guild.
In 2003-2007, Ken and Connie volunteered with the State of Alaska to implement the Wildlife
Viewing Trail concept on the Kenai Peninsula, in order to promote wildlife viewing and related
tourism on the Kenai Peninsula and in the City of Kenai. Tarbox met with Chamber of
Commerce representatives and local businesses and native groups to define viewing spots, and
to arrange for publication and distribution of the trail guide.
In 2008-2009, Tarbox recognized that a wildlife viewing platform at Boat Launch Road would be
an excellent addition for this Trail, would bring more tourists to the City of Kenai, and provide
educational and recreational opportunities in the City of Kenai. Kenai Watershed Forum was
interested in a tidal marsh rehabilitation and conservation project in the same area, and the City
of Kenai Administration was interested in both concepts. Tarbox collaborated with the City of
Kenai, the Kenai Watershed Forum, the Kenai National Wildlife Refuge, the Alaska Department
Page 86
Page 2 of 2
of Fish & Game, Conoco Phillips, and the Natural Resource Conservation Service (Kenai) for
the funding and construction of the wildlife viewing platform on city land at Boat Launch Road,
and for the tidal marsh rehabilitation project. The City Council approved both projects and
appropriated the donated funds for construction of this wildlife viewing platform.
Tarbox and the Keen Eye Bird Club, together with the Kenai Watershed Forum, developed the
programs for the Kenai Birding Festival, and promoted and coordinated the festival together with
the Kenai Chamber of Commerce. Kenai's wildlife viewing platform made the City of Kenai a
central hub not only for the festival, but also as a site for the Kenai Chamber of Commerce's
referral of visitors, providing an opportunity for residents and visitors to appreciate the Kenai
River Flats and enjoy wildlife viewing, including seals, beluga whales, moose and caribou, as
well as birds.
Minimal cost to the City will be involved in this naming. The sign at the entrance to Boat Launch
Road could be replaced or a naming sign hung from the existing sign. A naming plaque or
plaques could be added to the platform itself. The existing footprint at the site of the platform
and the marsh rehabilitation area does not need to be altered.
Council's support is respectfully requested.
Page 87
United States Department of the Interior
....
' .J -
. , --_ ...
-~
IN REPLY REFER TO:
20-012tde
Kenai City Council
210 Fidalgo Ave, #200
Kenai, AK 99611
Dear Council Members,
KENAI NATIONAL WILDLIFE REFUGE
P .O . Box 2 139
Soldotna, Alaska 99669-2139
(907) 262-7021
May 21, 2020
I would like to offer my sincere thanks to the council for entertaining this motion to name the
Wildlife Viewing Platform on the Port of Kenai Road as the Tarbox Wildlife Viewing Platform.
Rarely do we find people who make such huge contributions to conservation and our overall
community happiness during their retirement years. But Ken and Connie did just that and
worked tirelessly for our communities long after very successful and influential contributions
during their professional careers in these same communities.
Their collaboration on the development of the Alaska Wildlife Viewing Trail, The Kenai Birding
Festival, and Keen-Eye Bird Club, and the building of the Wildlife Viewing Platform have not
only cemented a legacy of supporting conservation of birds, but also left a lasting mark that will
be utilized by many for years to come. Their efforts attracted birders to the platform from all
over the country, bringing in untold dollars to the local community during shoulder times when
fishing was still an upcoming event.
Lastly, they never hesitated to take other birders out and share the area with them. This was often
encouraging young, up and coming birders, or folks that had travel from faraway places to
experience birding on the Kenai Peninsula. The Kenai National Wildlife Refuge and staff can
think of no better way to honor Ken and Connie's contributions then to support the Kenai City
Council naming the viewing platform the Tarbox Wildlife Viewing Platform and develop
signage to reflect this as a huge thank you for their service to our communities.
Sincerely,
Andy Loranger,
Refuge Manager
Page 88
KENAI 44129 Sterling Hwy Soldotna, AK 99669
WATERSHED
FORUM
Phone (907) 260-5449 I Fax (907) 260 -5412 www.kenaiwatershed.org
June 03, 2020
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611
Dear Kenai City Council Members and Mayor Gabriel,
The Kenai Watershed Forum ("KWF") is pleased to offer this letter of support to re -name the wildlife-viewing platform
on Boat Launch Road to the "Tarbox Wildlife Viewing Platform," in recognition of the contributions of Ken and Connie
Tarbox (''Tarbox") to our community.
Among the many contributions of Tarbox to the communities of the Kenai Peninsula, the wildlife-viewing platform is
truly an example of citizen volunteers, government agencies and private businesses working together to ach ieve
conservation while responsibly promoting tourism and wildlife viewing on the Kenai Peninsula. Spearheaded by Tarbox,
the idea of the wildlife-viewing platform was born out of their volunteerism and community service, particularly their
efforts with the Keen Eye Bird Club, which eventually led to the establishment of the Kena i Pen insula Wildlife-Viewing
Trail and the Kenai Peninsula Birding Festival.
KWF coordinated with Tarbox, the City of Kenai, the U.S . Fish and Wildli fe Service, the Alaska Department of Fish and
Game, Conoco Phillips and the Natura l Resource Conservation Service (Kenai) to make the idea of a wildlife-viewing
platform a real i ty in 2009 . In addition to connecting people with b irds and the natural world, this project has, and
continues to, increase public understanding of the importance of coasta l areas on the Kenai Peninsula.
It is a well-established fact that people are more l ike ly to protect sensit ive eco logical areas when they have an
understandi ng and di rect connection to them. The wi ldlife -viewing p fatform certainly confirms this fact, as it has
provided an opportunity for the public to make this connection with the Kenai River Flats, learn more about this world-
class environment, including the 130+ species of birds and the endangered Cook Inlet beluga whale, and to see the fruits
of local volunteerism and partnershi ps in action .
Tarbox worked closely with KWF over the years, along w ith many other i nd iv iduals, businesses and municipalities, on
many projects that have led to greater protection for our natura l resources and a greater understanding and
appreciation for our cultural resources. KWF is proud to support the renaming of the wildlife-viewing platform on Boat
Launch Road to the "Tarbox W il dlife Viewi ng Platform," as a sma ll way of recognizing the many, positive and impactful
contributions Ken and Connie Tarbox have made to the Kenai Pen insu la.
Sincerely,
Branden Bornemann
Kenai Watershed Forum
Executive Director
Working together for healthy watersheds on the Kenai Peninsula Pick.Click.Give.
Page 89
From:JIM HERBERT
To:Jamie Heinz
Subject:Tarbox Wildlife Viewing Platform
Date:Wednesday, May 27, 2020 9:38:47 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Please accept my comments in support of naming the platform to honor Ken and Connie
Tarbox.
Thank you
Jim Herbert
Homer
May 27, 2020
The Kenai City Council:
One of my favorite places to visit in the Kenai area is the wildlife viewing platform
near the public boat launch at the mouth of the Kenai River. The dynamics of the river
and associated wildlife are on display during all seasons. Certain individuals have
been critical to making that platform and the surrounding marsh readily available to
the public. Ken and Connie Tarbox are two of them.
Please accept my support for honoring the good work they have done for tourism and
appreciation of the natural world by naming the platform as The Tarbox Wildlife
Viewing Platform. Knowing these people over the years has been a pleasure. They
have put the resource first. Ken’s career with fishery management with ADFG put him
in touch with many user groups. Their work with the Watershed Forum and Keen Eye
Birders furthered education and environmental awareness. The Kenai Bird Festival
brought many visitors to town.
On a personal level and on a professional level I have enjoyed working with these
good people. It is our loss that they have moved out of state, but I feel we can remind
ourselves and those in the future of the positive things they have done for us and the
environment. Naming the platform in their honor would be that reminder.
Thank you for your consideration.
Jim Herbert
POB 645
Homer, AK 99603
Page 90
1
Jamie Heinz
To:Gary & Terri Lyon
Subject:RE: Resolution #2020-45, Tarbox Wildlife Viewing Platform
Jamie Heinz, CMC
Kenai City Clerk
P: (907) 283‐8231
‐‐‐‐‐Original Message‐‐‐‐‐
From: Gary & Terri Lyon
Sent: Tuesday, June 9, 2020 6:09 PM
To: Bob Molloy Jamie Heinz
Subject: Resolution #2020‐45, Tarbox Wildlife Viewing Platform
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
June 9, 2020
Greetings Kenai City Council Members:
I am writing in support of Resolution No. 2020‐45, the Resolution to name "Tarbox Wildlife Viewing Platform".
Ken and Connie Tarbox are enthusiastic supporters of all things wild.
Ken spent a career with Alaska Dept. of Fish and Game and was constantly in touch with other professionals in the field
of wildlife conservation management. He and Connie were well‐known especially in the birding community of
Southcentral Alaska. They were instrumental in the Keen Eye Birders as well as other local conservation efforts. They
saw the need and opportunity for this platform to be built. It was through their leadership and efforts that they were
able to create a coalition of people, organizations, businesses and government to get it designed and built.
This platform is now a regular stop for all of us Kenai Peninsula birders as well as birders, non‐birders and tourists from
all over the rest of the world. It's strategic location on the banks of and near the mouth of the Kenai River is excellent. It
is also handicap accessible and very easy to get to and use by anybody else.
Thank you for considering this resolution and I hope you pass it.
Best Regards,
Gary Lyon
61770 Skyline Drive
Homer, AK 99603
(907) 299 2000
Page 91
Jamie Heinz
To: Bob Molloy
Subject: RE: The Ken and Connie viewing Platform
From: Bob Molloy <bmolloy@kenai.city>
Sent: Monday, June 8, 2020 1:25 PM
To: Jamie Heinz <jheinz@kenai.city>; Jacquelyn La Plante <jlaplante@kenai.city>
Cc: Bob Molloy <bob@molloyforcouncil.com>
Subject: Fwd: The Ken and Connie viewing Platform
Hi Jamie:
Please add Mr. Sonneborn's email to the packet on RES 2920-46.
Bob
Sent from my iPhone
Begin forwarded message:
From: David Sonneborn
Date: June 6, 2020 at 8:29:16 AM AKDT
To: Bob Molloy <bmolloy@kenai.city>
Subject: The Ken and Connie viewing Platform
Reply-To: D avid Sonneborn
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Mr Malloy-I hope it is not to late to write you in support of naming the Viewing Platform to honor the
Tarboxes . The Tarboxes were very active is supporting wildlife enjoyment on the Kenai Peninsula . They
were instrumental in getting the funding and arranging for permitting and construction of the viewing
platform. They were important sponsers of the annual shorebird festival in Kenai , And this in the setting of
being amongst the nicest people on earth. They did contact me and are very pleased in the efforts to
name the viewing platform after them . I hope it comes to pass . Than you very much for your interest.
Sincerely,
David W , Sonneborn
1
Page 92
From: George <gbk74@alaska.net>
Date: May 17, 2020 at 8:56:32 AM AKDT
To: Bob Molloy <bmolloy@kenai.citY>
Subject: TWVP
GAUT.ION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links
especially from unknown senders. '
1~i Bob: Pl~as.e co.nsi~er this email·our full support for the renaming of the viewing platform on Boat Launch Rd in Kenai the
Tarbox W1ldl1fe Viewing Platform." Reasoning: It's the right thing to do.
George and Bev Kirsch, Soldotna
Sent from my Galaxy Tab® A
From: Christine Maack <cmaackster@gmail.com>
Subject: Tarbox Wildlife Viewing Platform
Date: May 17, 2020 9:44:21 AM AKDT
To: bob@molloyforcouncil.com
Christine Maack
formerly of Anchorage
From: Carla Stanley <4rdog24@gmail.com>
Date: May 17, 2020 at 2:22:43 PM AKDT
To: Bob Molloy <bmolloy@kenai.citY>
Subject: Ken & Connie Tarbox
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
I have known Ken since the 80's as his daughter and my son Graduated from SOHi together. I also worked for him in Com
Fish as a tee from '89 until he retired. He is a good friend, eloquent birder and someone who trusts science and lives to
educate others about what he knows. He is adjusting to living in Redding and has a new repertoire of birds to find!
I think it is a GREAT idea to name the platform for Ken and Connie. They were both valuable members of our community and I
am sure the people of Redding are lucky to have them move in!
Thank you for thinking of them and doing this. I think Todd Eskelin was also a hard worker on that project.
Carla Stanley
Retired KP BSD teacher in Kenai and Soldotna
Homer Alaska
Page 93
Kenai City Council
210 Fidalgo Avenue
Kenai, Alaska 99611
Re: RESOLUTION 2020-45
June 10, 2020
"TARBOX WILDLIFE VIEWING PLATFORM"
Dear Mayor and City Council Members:
As a long time Kenai resident, I urge you to adopt Resolution 2020-45, naming the Kenai
Wildlife Viewing Platform after Ken and Connie Tarbox. The Tarboxes were instrumental in
getting the viewing platform sited and built in Kenai. They have spent hundreds of hours
volunteering at the Kenai Visitor & Cultural Center (KVCC), helping visitors enjoy Kenai's and
the Kenai Peninsula's many great birdwatching opportunities, and organizing/working the Kenai
Peninsula Birding Festival, headquartered at the KVCC, and held annually in mid-May (on hiatus
this year because of the coronavirus epidemic). Ken and Connie were also instrumental in getting
the Kenai Peninsula Wildlife Viewing Trail Guide published and distributed (in hard copy and
online). This guide informs visitors about wildlife viewing opportunities on the Kenai Peninsula,
including those in Kenai, as well as the history and culture of the various locations.
There is no one more appropriate to name the viewing platform after than Ken and
Connie Tarbox. Thank you for your consideration of this letter.
Sincerely,
Kristine A. Schmidt
513 Ash Avenue
Kenai, Alaska 99611
(907) 283-7102
Page 94
From:Gary & Terri Lyon
To:Bob Molloy; Jamie Heinz
Subject:Fwd: Ken Tarbox
Date:Thursday, June 11, 2020 1:39:19 PM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Bob,
Here is another letter of support for Resolution No. 2020-45. It was addressed to me from John
Wenger, who used to live in Anchorage.
Gary, I am writing to be included as one who believes it would be most proper to
name the subject birding lookout to Ken Tarbox. I have known him for many years
and even though I left Alaska about six years ago, moving to Idaho, I keep in touch
with him and other AK birders all year. I had been coming back up each spring to
bird but not this year due to the virus. So please add my name to the list. BTW, I
had a nature viewing platform built in Anchorage so when visiting Westchester
Lagoon you may see a new site there. Good birding, John Wenger
Page 95
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-46
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER, TO
PREPARE AND EXECUTE AN AMENDMENT TO THE CITY OF KENAI’S PARTICIPATION
AGREEMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO REMOVE
THE RECREATION CENTER ASSISTANT CLASS OF EMPLOYEES FROM PARTICIPATION
EFFECTIVE NOVEMBER 1, 2003.
WHEREAS, City employees participate in the Alaska Public Employees Retirement System
(PERS) unless specifically removed by plan amendment; and,
WHEREAS, the City wishes to remove the Recreation Center Assistant class of employee from
PERS; and,
WHEREAS, since entering into a contract for facility management with the Kenai Peninsula Boys
& Girls Club in November 2003 the City has not employed Recreation Center Assistants.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute the fifth amendment to the City of
Kenai participation agreement with the Public Employees Retirement System (PERS) effective
November 1, 2003 to read as follows:
2. The political subdivision agrees that all eligible employees except in the following
designated categories will participate in the Retirement System:
All Elected Officials
Recreation Center Assistant
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 96
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 5, 2020
SUBJECT: Resolution 2020-46 Authorizing the Fifth Amendment to the City of
Kenai Public Employees Participation Agreement
The purpose of this memo is to recommend adoption of Resolution 2020-46 that authorizes the
fifth amendment to the City of Kenai’s Public Employees Retirement System (PERS) participation
agreement. The amendment will remove from participation Recreation Center Assistant. The
City of Kenai eliminated Recreation Center Assistants in November 2003 when it contracted with
the Kenai Peninsula Boys and Girls Club for facility management services of the Kenai Recreation
Center.
At the time the City eliminated all Recreation Center Assistants the State of Alaska Department
of Administration Division of Retirement and Benefits (DRB) was not requiring termination studies
when an entire class of employees was eliminated by a participant. The DRB has agreed to allow
this fifth amendment to the City’s Participation agreement effective November 1, 2003 and will
not be requiring a termination study. If this position is filled in the future they would not be eligible
to participate in the PERS reducing the fringe benefits cost for the position by 22%.
Your support is respectfully requested.
Page 97
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Division of Retirement and Benefits
PO Box 110203 Juneau, AK 99811-0203
Phone: (907) 465-4460
Fax: (907) 465-3086
PARTICIPATION AGREEMENT AMENDMENT NO. ___5___
The Public Employees’ Retirement System (PERS) Participation Agreement entered into between
the State of Alaska (hereafter referred to as the State) and the City of Kenai on July 1, 1969, and
approved by the State on July 1, 1969 is amended effective November 1, 2003, by changing
subparagraph 2 on page 2 to read as follows:
The political subdivision agrees that all eligible employees except in the following
designated categories will participate in the Retirement System:
All Elected Officials
Recreation Center Worker
Authorized Representative Signature
Authorized Representative Name (please type/print)
Authorized Representative’s Title
Approved:
_______________________________________ ____________________________
Administrator Date
Page 98
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-47
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER, TO
PREPARE AND EXECUTE AN AMENDMENT TO THE CITY OF KENAI’S PARTICIPATION
AGREEMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO REMOVE
THE VISITOR CENTER ASSISTANT AND JANITOR CLASSES OF EMPLOYEES FROM
PARTICIPATION EFFECTIVE JULY 1, 2020.
WHEREAS, City employees participate in the Alaska Public Employees Retirement System
(PERS) unless specifically removed by plan amendment; and,
WHEREAS, the City wishes to remove the Janitorial and Visitor Center Assistant and Janitor
classes of employees from PERS; and,
WHEREAS, because the City has never employed Visitor Center Assistant and Janitorial
employees have not participated due to not meeting the minimum number of work hours per week,
removal of these classes of employees will not trigger a termination study and creates no ongoing
PERS liability to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute the sixth amendment to the City of
Kenai participation agreement with the Public Employees Retirement System (PERS) effective
July 1, 2020 to read as follows:
2. The political subdivision agrees that all eligible employees except in the following
designated categories will participate in the Retirement System:
All Elected Officials
Recreation Center Assistant
Visitor Center Assistant
Janitor
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 99
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 5, 2020
SUBJECT: Resolution 2020-47 Authorizing the Sixth Amendment to the City of
Kenai Public Employees Participation Agreement
The purpose of this memo is to recommend adoption of Resolution 2020-47 that authorizes the
sixth amendment to the City of Kenai’s Public Employees Retirement System (PERS)
participation agreement. The amendment will remove from participation Visitor Center Assistant
and Janitor classes of employees. The City of Kenai has never employed Visitor Center Assistant
as the Kenai Visitor Center has always been managed through facility management agreements
with third parties. The City has never had a Janitor position that was regularly scheduled to work
15 or more hours per week. In either case, the City has never had an employee in these position
that would have be eligible for PERS participation.
The DRB has agreed to allow this sixth amendment to the City’s Participation agreement effective
July 1, 2020 and will not be requiring a termination study. If these positions are filled in the future
or regularly scheduled to work 15 or more hours per week, they would not be eligible to participate
in the PERS reducing the fringe benefits cost for the position by 22%.
Your support is respectfully requested.
Page 100
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Division of Retirement and Benefits
PO Box 110203 Juneau, AK 99811-0203
Phone: (907) 465-4460
Fax: (907) 465-3086
PARTICIPATION AGREEMENT AMENDMENT NO. ___6___
The Public Employees’ Retirement System (PERS) Participation Agreement entered into between
the State of Alaska (hereafter referred to as the State) and the City of Kenai on July 1, 1969, and
approved by the State on July 1, 1969 is amended effective July 1, 2020, by changing subparagraph
2 on page 2 to read as follows:
The political subdivision agrees that all eligible employees except in the following
designated categories will participate in the Retirement System:
All Elected Officials
Recreation Center Worker
Visitor Center Worker
Janitor
Authorized Representative Signature
Authorized Representative Name (please type/print)
Authorized Representative’s Title
Approved:
_______________________________________ ____________________________
Administrator Date
Page 101
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020 - 48
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES TO BEGIN DEVELOPMENT OF THE NEW
MASTER PLAN FOR THE WASTE WATER TREATMENT FACILITY
WHEREAS, the City of Kenai through enactment of Resolution No. 2020-24 Awarded a term
agreement for Professional Services to HDL Engineering; and,
WHEREAS, Fiscal Year 2020 budget includes funds for Master Planning services; and,
WHEREAS, the City received a proposal from HDL Engineering Consultants on May 21, 2020 for
Phase 1 of the Waste Water Treatment Facility Master Plan in the amount of $39,827; and,
WHEREAS, the last Master Plan was completed by CH2M Hill in March 2004; and,
WHEREAS, a current Master Plan is an essential tool to assist with Capital Improvement
Planning.
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 an agreement
with HDL Engineering Consultants to provide Professional Engineering Services to the City for
development of a new Master Plan Phase 1 for the Waste Water Treatment Facility and to issue
a Purchase Order to HDL Engineering in the amount of $39,827.
Section 2. That this Resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: ___________
Page 102
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: June 12, 2020
SUBJECT: Resolution 2020-48
This is the start of the first project with our new engineering firm HDL Engineering Consultants
at the Waste Water Treatment Plant. Funding for Master Planning Services was included in
FY2020’s existing budget. Phase 1 will provide an initial assessment of the facility. Public Works
staff will then be able to direct the team to focus on areas of importance to us. Additional phases
are expected and their agreement will be amended as we go.
The last Master plan was developed over 16 years ago. These plans are typically completed
every 10 ten years, and the information they provide drive Capital Improvement Plans. This task
is necessary and well overdue. Public Works staff fully supports moving forward.
Council’s support is respectfully requested.
Page 103
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-49
A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING A CONVERSION OF A
LEASE OF AIRPORT RESERVE LANDS DESCRIBED AS LOTS 2 AND 3, BLOCK 5, GENERAL
AVIATION APRON SUBDIVISION NO. 1 AMENDED, WITH SOAR INTERNATIONAL
MINISTRIES, INC. AND APPROVING TEMPORARY DEVELOPMENT INCENTIVES.
WHEREAS, in 2018, the Kenai City Council approved a new standard lease form for Airport lands
with Resolution No. 2018-10; and,
WHEREAS, in 2018, the Kenai City Council approved temporary development incentives with
Ordinance No. 2998-2018; and,
WHEREAS, the lease for Lots 2 and 3, Block 5, General Aviation Apron Subdivision No. 1 was
assigned to SOAR International Ministries, Inc. on May 11, 2020; and,
WHEREAS, the 55-year lease term and use of premises for commercial business establishment
and aviation services as per General Aviation Apron Subdivision covenants by SOAR would not
change with this conversion; and,
WHEREAS, SOAR has submitted an application for temporary development incentives that meets
the requirements of Kenai Municipal Code 21.10.100, Temporary Development Incentives; and,
WHEREAS, SOAR has provided an estimated value of $140,000 for the following eligible work
activities: clearing and grubbing, unclassified excavation, and classified excavation; and,
WHEREAS, at its regular meeting of June 11, 2020, the Airport Commission recommended the
City Council adopt this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the attached conversion of lease of Airport Reserve lands converts the City’s
lease with the SOAR International Ministries, Inc. to the new standard lease form for Airport
Reserve lands described as Lots 2 and 3, Block 5, GENERAL AVIATION APRON SUBDIVISION
NO. 1 AMENDED, according to the official plat thereof, filed under Amended Plat No. 2004-20,
Seward Meridian, Kenai Recording District, State of Alaska is approved.
Section 2. That the temporary development incentives with an estimated value of $140,000
for the following eligible work activities: clearing and grubbing, unclassified excavation, and
classified excavation is approved.
Section 3. That this Resolution takes effect immediately upon passage.
Page 104
Resolution No. 2020-49
Page 2 of 2
_____________________________________________________________________________________
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 105
LEASE OF AIRPORT LANDS Page 1 of 30
SOAR International Ministries, Inc. – Lots 2 and, Block 5, GAA
Initials: ____
KENAI MUNICIPAL AIRPORT
CONVERSION OF LEASE OF AIRPORT RESERVE LANDS
THIS CONVERSION OF LEASE AGREEMENT is entered into between the CITY OF KENAI
(Lessor) whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611 and SOAR
INTERNATIONAL MINISTRIES, INC. (Lessee) whose address is P.O. Box 1714, Kenai,
Alaska 99611 and converts the Lease Agreement entered into on June 1, 1976, and recorded
in Book 97 at Pages 485-494 on July 9, 1976, between the City of Kenai and Milton J. and/or
Geneva E. Stasek, as original Lessees, in the Kenai Recording District, and amended and
assigned on June 12, 2006 by Geneva E. Stasek, as Assignor, and Wendy McGahan, Lynne
Dykema, and Gwen Woodard d/b/a Kenai Fabric Center, Inc., as Assignees, and assigned on
May 11, 2020 by Geneva E. Stasek, as Assignor, and Wendy McGahan, Lynne Dykema, and
Gwen Woodard d/b/a Kenai Fabric Center, Inc., as Assignors, to SOAR International
Ministries, to this new Lease Form. While the Commencement date and length of the Lease
remain the same, all other terms, conditions, rights, and obligations of this New Lease Form
supersede the terms, conditions, rights, and obligations of the prior Lease form entered into
on June 1, 1976 and any amendments thereto. This converted Lease becomes effective upon
the last date of signature by the parties below.
DEFINITIONS
For the purposes of this Lease the following terms are defined in KMC 21.10.020 (effective as
of the date of execution of the lease) as follows:
1. Airport – the Kenai Municipal Airport, including all the runways, taxiways, aprons, water
lanes, water taxiways, and all City-owned real estate located within the boundaries of
the Airport Reserve as defined in KMC Chapter 21.05, Airport Administration and
Operation.
2. Airport Manager – the official to whom the City Manager of the City has delegated the
authority and responsibility of managing and directing the activities of the Airport.
“Airport Manager” includes that person’s authorized representative.
3. City – the City of Kenai, its elected officials, officers, employees or agents.
4. City Manager – the official to whom the Kenai City Council has delegated the
responsibility of managing and directing all activities of the City.
5. Contamination – the unpermitted presence of any released Hazardous Substance.
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LEASE OF AIRPORT LANDS Page 2 of 30
SOAR International Ministries, Inc. – Lots 2 and, Block 5, GAA
Initials: ____
6. Environmental Law – any applicable federal, state, or local statute, law, regulation,
ordinance, code, permit, order, decision, judgment of any governmental entity relating
to environmental matters, including littering and dumping.
7. FAA – the abbreviation for the Federal Aviation Administration.
8. Hazardous Substance – any substance that is defined under an Environmental Law as
hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant,
contaminant, petroleum, petroleum product, or oil.
9. KMC – the abbreviation for the Kenai Municipal Code.
10. Permanent Improvement – a fixed addition or change to land that is not temporary or
portable, including a building, building addition, gravel fill, pavement, retaining wall,
storage tank, well, and remediation of contamination for what the lessee is not
responsible
ARTICLE I
PREMISES LEASED
A. PREMISES: In consideration of Lessee’s payment of the rents and performance of all
the covenants of this Lease, the City leases to the Lessee, and the Lessee leases from the
City, the following described property (“Premises”) in the Kenai Recording District, Third
Judicial District, State of Alaska and located on the Airport; to wit:
Lots 2 and 3, Block 5, GENERAL AVIATION APRON SUBDIVISION NO.
1 AMENDED, according to the official plat thereof, filed under Amended
Plat No. 2004-20, Seward Meridian, Kenai Recording District, Third
Judicial District, State of Alaska.
B. NO WARRANTY: Except as may be provided in this Lease, the City makes no specific
warranties, expressed or implied, concerning the condition of the Premises including, survey,
soils, wetlands, access, and suitability or profitability for any use including those authorized by
this Lease, its environmental condition, or the presence or absence of Hazardous Substances
in, on, and under the surface. The Lessee takes the Premises on an “as is” basis and without
warranty, subject to any and all of the covenants, terms, and conditions affecting the City's title
to the Premises.
ARTICLE II
RIGHTS AND USES
A. AUTHORIZED USES:
1. USE OF PREMISES: The City authorizes the Lessee to use the Premises for
the following purposes only:
Page 107
LEASE OF AIRPORT LANDS Page 3 of 30
SOAR International Ministries, Inc. – Lots 2 and, Block 5, GAA
Initials: ____
Commercial business establishment and aviation
services as per General Aviation Apron Subdivision
covenants
2. CONTINUOUS OPERATIONS: Unless the City approves otherwise in writing,
the Lessee will operate on the Premises on a continuous basis, uninterrupted
by any period of closure over 15 consecutive days. The Lessee will give the
City written notice before closing the Lessee’s business on the Premises for
more than 10 consecutive days. The notice must state the reason for the
closure and the date on which the Lessee will re-open for business. This
provision does not apply to any period during which the Lessee is unable to
operate its business as a result of an act or directive of the City, or as a result
of a closure of the Airport or loss of the Lessee’s buildings on the Premises due
to fire or natural disaster.
B. RIGHTS RESERVED TO THE CITY:
1. RIGHT TO GRANT TO OTHERS: The City reserves the right to grant to others
any rights and privileges not specifically granted to the Lessee on an exclusive
basis. The rights and privileges granted to the Lessee in this Lease are the only
rights and privileges granted to the Lessee by this Lease.
2. EASEMENTS: The City reserves the right to make grants to third parties or
reserve to the City easements or rights of way through, on, or above the
Premises. The City will not grant or reserve any easement or right of way that
unreasonably interferes with the Lessee’s authorized uses of the Premises.
3. INGRESS, EGRESS AND INSPECTION: The City reserves the right of ingress
to and egress from the Premises and the right to enter any part of the Premises,
including buildings, for the purpose of inspection or environmental testing at any
time. Except in the case of an emergency, all inspections and environmental
testing will be coordinated with the Lessee to minimize interference with the
Lessee’s authorized uses of the Premises.
4. RIGHT OF FLIGHT: There is hereby reserved to the City, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises. This public right of
flight will include the right to cause in the airspace any noise inherent in the
operation of any aircraft used for navigation or flight through the airspace or
landing at, taking off from, or operation on the Airport.
C. PROHIBITED USES: Unless specifically authorized by this Lease or an amendment
to this Lease, the following are prohibited:
1. Any use of the Premises other than those authorized in this Lease.
2. Any use of the Premises that is in violation of a City Ordinance or an Airport
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LEASE OF AIRPORT LANDS Page 4 of 30
SOAR International Ministries, Inc. – Lots 2 and, Block 5, GAA
Initials: ____
regulation.
3. The outside storage on the Premises of junk, salvage aircraft or vehicle parts,
non-operational support equipment, unused or damaged equipment or material,
or solid waste or debris unless allowed pursuant to a conditional use permit
under KMC 14.20.
4. The disposal on the Premises or the Airport of waste materials generated by
the Lessee, including any Hazardous Substance, slash, overburden, and
construction waste.
5. The stripping, wasting, or removing any material from the Premises without the
prior written approval of the City.
6. Erecting structures or allowing growth of natural objects that would constitute
an obstruction to air navigation, or allowing any activity on the Premises that
would interfere with or be a hazard to the flight of aircraft, or interfere with air
navigation or communication facilities, serving the Airport.
7. Any use or activity that is prohibited by applicable law or regulation.
ARTICLE III
TERM & HOLDOVER
A. TERM: The initial term of this Lease is for 55 years, from the 1st day of June, 1976, to
the 30th day of June 2031.
B. HOLDOVER: If the Lessee holds over and remains in possession of the Premises after
the expiration, cancellation or termination of this Lease, the holding over will not operate as an
extension of the term of this Lease, but only creates a month-to-month tenancy, regardless of
any rent payments accepted by the City. The Lessee's obligations for performance under this
Lease will continue during the month-to-month tenancy. The City or Lessee may terminate the
Lessee’s holdover with ten days’ advance written notice.
ARTICLE IV
RENTS AND FEES
A. RENT: The initial rent for the Premises is $13,295.98 per year, as established by the
City pursuant KMC 21.10.090 and as subject to annual adjustment on July 1 of each year
under Article V of this Lease, plus applicable sales tax. The rent shall be payable annually in
advance of the first day of each year of the term of this Lease. All payments required by this
Lease must be made in U.S. dollars. If the annual rent exceeds $2,400, the Lessee may, upon
written notice to the City, choose to pay the rent in equal monthly installments, payable in
advance on or before the anniversary date of the term of this Lease and thereafter at monthly
intervals. No conversion of the payment schedule from annual to monthly shall result in the
City receiving less rent than it would have received had the conversion not taken place.
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LEASE OF AIRPORT LANDS Page 5 of 30
SOAR International Ministries, Inc. – Lots 2 and, Block 5, GAA
Initials: ____
1. Rent Credit: A rent credit may be applied for a maximum of five years of lease
payments as provided in KMC 21.10.100 (as effective at the time this lease is
executed). Once the work is completed and value determined, a credit will be
applied to the lease payments, prorated as necessary for the successive five
years.
B. RENT PRORATED: Rental for any period less than one year shall be prorated on the
basis of the rent payable under this Lease in last full year previous to the prorating.
C. ADDITIONAL RENT: In addition to the rent specified in (a) of this Article, Lessee
agrees to pay to the appropriate parties all levies, assessments, and charges as follows:
1. Taxes pertaining to the leasehold interest of the Lessee.
2. Sales tax now enforced or levied in the future, computed upon rent payable in
monthly installments whether the Lessee pays rent under this Lease on a
monthly or annual basis.
3. All taxes and assessments levied in the future by the City, as if Lessee was the
legal owner of record of the Premises.
D. PAYMENTS: The Lessee shall make checks, bank drafts, or postal money orders
payable to the City of Kenai and deliver payments to City of Kenai, Finance Department, 210
Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794 or any other address the City may
designate in writing to the Lessee.
E. INTEREST: Beginning the day after payment is due, all unpaid rents, charges, and
fees required under this Lease will accrue interest at the rate of eight percent (8.0%) per
annum. Interest on disputed amounts will not be charged to the Lessee if the dispute is
resolved in the Lessee’s favor.
F. LATE PAYMENT PENALTY: In addition to any interest payable under Provision (E) of
this Article, each time the Lessee fails to pay any rent or fee by the date required in this Lease,
the City will charge, and the Lessee shall pay, an administrative penalty of ten percent (10.0%)
of the amount due and unpaid.
G. COURTESY BILLINGS: Lessee acknowledges that any billing statement issued by the
City is provided only as a courtesy. The Lessee is obligated to pay all rents and fees when
due, regardless of whether or not the Lessee receives a billing statement from the City.
H. LIEN AGAINST LESSEE: Any rent, charge, fee, or other consideration which is due
and unpaid at the expiration, termination, or cancellation of this Lease will be a lien against the
Lessee’s property, real or personal.
I. PAYMENT OF CITY’S COSTS: The Lessee will pay all reasonable actual expenses,
costs, and attorney fees City may incur, with or without formal action, to enforce, defend, or
protect this Lease or City's rights under this Lease, including any expense incurred with respect
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to environmental compliance, bankruptcy or any proceeding that involves the Lessee, the
Lease, the Premises, or improvements or personal property on the Premises. The Lessee will
make payment within 30 days of the date of each notice from City of any amounts payable
under this provision.
J. PAYMENT FOR SPECIAL SERVICES: Lessee agrees to pay the City a reasonable
fee for any special services or facilities the City agrees to perform, which the City is not
otherwise obligated by this Lease to provide and which the Lessee requests from the City in
writing.
ARTICLE V
ADJUSTMENT OF RENT AND FEES
A. RENT OR FEE ADJUSTMENT: The City shall adjust rent or fees payable by the
Lessee under Article IV or other provisions of this lease on July 1 of each year of the lease as
proved in KMC 21.10.090 (as effective at the time this lease is executed) and shall make any
other adjustments to rent as allowed for in KMC 21.10.090.
No rent or fee change shall be effective until 30 days after the date of the City’s written notice
to the Lessee. If the Lessee believes that any changed rent exceeds the fair market rent for
the Premises, the Lessee may appeal a rent change to the City as provided in KMC 21.10.090.
ARTICLE VI
ASSIGNMENT & SUBLETTING
A. INVALID WITHOUT CITY’S CONSENT: The Lessee may not assign, sublet, or grant
a security interest in, by grant or implication, the whole or any part of this Lease, the Premises,
or any improvement on the Premises without the written consent of the City. Any proposed
assignment, sublease, or security interest must be written and must be submitted to the City
bearing the original, notarized signature of all parties. The Lessee may submit unsigned draft
documents for the City’s conceptual review. However, the City’s conceptual approval of a draft
document may not be construed as the City’s consent to any assignment, sublease, or security
interest. All provisions in this Lease extend to and bind the assignees and sub-lessees of the
Lessee.
B. NO WAIVER OF CONSENT: The City’s consent to one assignment, sublease, or
security interest will not waive the requirement for the Lessee to obtain the City’s consent to
any other assignment, sublease, or security interest.
C. ASSIGNEE / LESSEE OBLIGATIONS: An assignment must include a provision stating
that the assignee accepts responsibility for all of the assignor’s (Lessee’s) obligations under
this Lease, including environmental liability and responsibility. However, unless the City
specifically releases the Lessee in writing, the City may hold the Lessee responsible for
performing any obligation under this lease which an assignee fails to perform.
D. OCCUPANCY BEFORE CITY CONSENT: An assignee or sub-lessee may not occupy
the Premises before the City consents to the assignment or sublease in writing.
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E. CONFLICT OF PROVISIONS: In the event of a conflict between this Lease and an
assignment or a sublease, the terms of this Lease control.
F. LESSEE NOT RELIEVED OF OBLIGATIONS: The City’s consent to any sublease
does not relieve or otherwise alter the Lessee’s obligations under this Lease.
G. SECURITY ASSIGNMENTS AND FINANCING:
1. Subject to the requirements of (A) of this Article VI, the Lessee may assign a
security interest in this Lease. The security interest may be in the form of a
mortgage, deed of trust, assignment or other appropriate instrument, provided
a. the security interest pertains only to the Lessee’s leasehold interest;
b. the security interest does not pertain to or create any interest in City's
title to the Premises; and
c. the documents providing for the security interest are acceptable to the
City.
2. If the assignment of a security interest to which the City has consented shall be
held by an established lending or financial institution, including a bank, an
established insurance company and qualified pension or profit sharing trust,
and the lending institution acquires the Lessee's interest in this Lease as a
result of a foreclosure action or other remedy of the secured party, or through
any transfer in lieu of foreclosure, or through settlement of or arising out of any
pending or contemplated foreclosure action, the lending institution may transfer
its interest in this Lease to a nominee or a wholly owned subsidiary corporation
with the prior written consent of the City, provided, the transferee assumes all
of the covenants and conditions required to be performed by the Lessee
(including payment of any monies owed by Lessee to the City under the lease).
In the event of such a transfer, the lending institution shall be relieved of any
further liability under this Lessee.
3. A holder of a security interest in this Lease consented to by the City shall have,
and be subrogated to, any and all rights of the Lessee with respect to the curing
of any default of this Lease by Lessee.
4. A holder of a security interest consented to by the City that takes possession of
this Lease shall not be released from the obligations and liabilities of this Lease
unless the holder assigns its leasehold estate to an assignee who is financially
capable and otherwise qualified to undertake to perform and observe the
conditions of this Lease and the City consents to the assignment. The City’s
consent will not be unreasonably withheld.
ARTICLE VII
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MAINTENANCE, SNOW REMOVAL & UTILITIES
A. MAINTENANCE:
1. At no cost to the City, the Lessee will keep the Premises and all improvements
on the Premises clean, neat and presentable, as reasonably determined by the
City.
2. At no cost to the City, the Lessee will provide for all maintenance and services
at the Premises as may be necessary to facilitate the Lessee's compliance with
this Lease and the Lessee’s use of the Premises.
3. The Lessee shall comply with all regulations or ordinances of the City that are
promulgated for the promotion of sanitation. At no cost to the City, the Lessee
shall keep the Premises in a clean and sanitary condition, and control activities
on the Premises to prevent the pollution of water.
4. The Lessee agrees to comply with all decisions and directions of the City's
Airport Manager regarding maintenance and operation of the Airport, and the
use of the Airport by the Lessee.
B. SNOW REMOVAL:
1. At no cost to the City, the Lessee is responsible for snow removal on the
Premises. The Lessee shall dispose of snow in an off-Premises location
approved in writing by the City or provide suitable snow storage within the
boundaries of the Premises in accordance with all applicable federal and state
laws. At the request of the Airport Manager, the Lessee shall submit a snow
removal plan for the Premises to the Manager for review. Upon approval of the
Lessee’s plan by the Airport Manager, the Lessee shall conduct all snow
removal operations on the Premises in accordance with the approved plan.
2. Lessee shall not deposit snow on an apron, taxiway, safety area, or other
aircraft-maneuvering surface provided for common use by others without the
prior written of the Airport Manager.
3. Lessee agrees to not allow an accumulation of snow on the Premises that would
cause interference with adjoining leaseholders or other users of the Airport.
C. UTILITIES: Unless specifically provided otherwise in this Lease, the Lessee shall,
at no cost to the City, provide for all utilities at the Premises necessary to facilitate the Lessee's
use of the Premises.
ARTICLE VIII
OPERATIONS
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A. OPERATIONS ON THE AIRPORT: The Lessee will ensure that the Lessee, its
employees, guests, contractors, sub-lessees, and vendors that perform any activity or function
authorized under this Lease shall do so in a manner that ensures the safety of people, the
protection of public health and the environment, and the safety and integrity of the Airport and
the Premises.
B. LESSEE'S CONTROL AND RESPONSIBILITY:
1. The Lessee will assume full control and sole responsibility as between Lessee
and City for the activities of the Lessee, the Lessee's personnel and employees,
and anyone else acting by, on behalf of, or under the authority of the Lessee on
the Airport, including the Premises.
2. The Lessee will immediately notify the City of any condition, problem,
malfunction or other occurrence that threatens the safety of people or the
Airport, harm to public health or the environment, or the safety or integrity of the
Premises.
C. RADIO INTERFERENCE: The Lessee will discontinue the use of any machine or
device that interferes with any government-operated transmitter, receiver, or navigation aid
until the cause of the interference is eliminated.
D. WILDLIFE: The Lessee acknowledges that a concentration of birds or other wildlife on
an airport constitutes a significant hazard to aircraft operations. The Lessee agrees to keep
the Premises clean of fish slime, fish waste, or any other material that might attract birds or
other wildlife. The Lessee accepts full responsibility to maintain the Premises, control
operations, and take all reasonable measures to prevent a concentration of birds or other
wildlife on the Premises.
E. PARKING: The Lessee will provide adequate vehicle, equipment, and aircraft parking
space on the Premises for Lessee’s business or activities, or confine parking to such other
places on the Airport as may be approved or designated in writing by the Airport Manager.
ARTICLE IX
ENVIRONMENTAL PROVISIONS
A. HAZARDOUS SUBSTANCE:
1. The lessee will conduct it business and/or operation on the Premises in
compliance with all environmental laws and permits. If hazardous substances
are handled on the Premises, the Lessee agrees to have properly trained
personnel and adequate procedures for safely storing, dispensing, and
otherwise handling Hazardous Substances in accordance with all applicable
federal, state and local laws.
2. Lessee will promptly give the City notice of proceeding to abate or settle matters
relating to the presence of a Hazardous Substance on the Premises or from
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Lessee’s operations on the Airport. The Lessee will allow the City to participate
in any such proceedings.
B. ENVIRONMENTAL INDEMNIFICATION: If Contamination of the Premises or other
property by a Hazardous Substance occurs from the Lessee’s operations on the Premises the
Lessee will indemnify, defend, and hold the City harmless from any and all claims, judgments,
damages, penalties, fines, costs, liabilities, or losses, including, but not limited to, sums paid
in settlement of claims, attorney’s fees, consultant fees, and expert fees, which arise during or
after the term of this Lease as a result of such Contamination. This indemnification of the City
by Lessee includes, but is not limited to, costs incurred in connection with any investigation of
site conditions or any cleanup, remediation, removal, monitoring, or restorative work required
by any federal, state, or local governmental agency because of a Hazardous Substance being
present in the soil or groundwater or under the Premises or other properties affected by the
Contamination.
C. REMEDIATION:
1. In the event of a Hazardous Substance spill on the Premises, the Lessee will
immediately notify the City and the Alaska Department of Environmental
Conversation and act, promptly, at its sole expense, to contain the spill, repair,
any damage, absorb and clean up the spill area, and restore the Premises to a
condition satisfactory to the City and otherwise comply with the applicable
portions of any environmental law.
2. In addition to any notices required by this Lease, the Lessee will immediately
notify and copy the City in writing of any of the following:
a. Any permit, enforcement, clean up, lien, removal or other governmental
or regulatory action instituted, completed, or threatened pursuant to an
Environmental Law.
b. Any claim made or threatened by any person against the Lessee or
arising from the Lessee’s operations authorized by this Lease, relating
to damage, contribution, compensation, loss or injury resulting, from, or
claimed to result from any Hazardous Substances in, on, or under the
Airport; or
c. Any report made by, or on behalf of, the Lessee to any environmental
agency arising out of or in connection with any Hazardous Substances
in, on, or removed from the Premises, including any complaints, notices,
warnings, or asserted violations.
3. Remediation and restoration of the contaminated area must meet all applicable
state and federal regulations and must meet the requirements of all governing
regulatory authorities.
D. ENVIRONMENTAL AUDIT: The Lessee will provide the City with all investigative data,
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test results, reports, and any other information gathered or analyzed as part of or in relation to
any Environmental Assessment, characterization or audit on the Premises or the Airport that
Lessee performs or causes to be performed after the starting date of this Lease. The Lessee
will submit the data, result, report or information to the City within 60 days following the date
on which it becomes available to the Lessee.
E. RELEASE OF LESSEE: The City releases the Lessee from liability to the City for
Contamination and the presence of Hazardous Substances that existed prior to the
commencement date of this lease unless caused or materially contributed to by the Lessee.
F. SURVIVAL OF OBLIGATIONS: The obligations and duties of the City and Lessee
under Article IX of this lease shall survive the cancellation, termination or expiration of this
lease.
ARTICLE X
INDEMNIFICATION & INSURANCE
A. INDEMNIFICATION:
1. The Lessee will indemnify, save harmless, and defend the City, its officers,
agents, and employees from and against any and all liabilities, losses, suits,
administrative actions, claims, awards, judgments, fines, demands, damages,
injunctive relief or penalties of any nature or kind to the full extent of the loss or
obligation for property damage, personal injury, death, violation of any
regulation or grant agreement, or any other injury or harm resulting from or
arising out of any acts or commission of or omission by the Lessee, Lessee’s
agents, employees, customers, invitees or arising out of the Lessee’s
occupation or use of the premises demised or privileges granted, and to pay all
costs connected therewith. This indemnification of the City by the Lessee shall
include sums paid in settlement of claims, attorney fees, consultant fees, expert
fees, or other costs and expenses, directly or indirectly arising from, connected
to or on account of this Lease as it relates to the Lessee, the Lessee’s activities
at or relating to the Airport, or any act or omission by the Lessee, or by any of
Lessee’s officers, employees, agents, contractors or sub-lessees. These
indemnity obligations are in addition to, and not limited by, the Lessee’s
obligation to provide insurance, and shall survive the expiration or earlier
termination of this Lease.
2. The Lessee shall give the City prompt notice of any suit, claim, action or other
matter affecting the City to which Paragraph 1, above, may apply, together with
a copy of any letter by an attorney on behalf of a complainant, any complaint
filed in court, and any notice or complaint by any regulatory agency. The City
shall have the right, at its option, to participate cooperatively in the defense of,
and settlement negotiations regarding, any such matter, without relieving the
Lessee of any of its obligations under this provision.
3. As to any amount paid to others for personal injury or property damage with
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respect to which an act or omission of the City is a legal cause, notwithstanding
Paragraph 1 of this section, the Lessee and the City shall reimburse each other
according to the principles of comparative fault. If liability to a third party is
subject to apportionment according to comparative fault under this provision,
the Lessee and the City shall seek in good faith to achieve non-judicial
agreement as to apportionment of fault as between themselves.This
apportionment of liability between the City and the Lessee shall not be
construed to affect the rights of any person who is not a party to this Lease.
B. INSURANCE: At no expense to the City, the Lessee will obtain and keep in force during
the term of this Lease, insurance of the type and limits required by this provision. Where
specific limits are set, they will be the minimum acceptable limits. If the Lessee’s policy
contains higher limits, the City will be entitled to coverage to the extent of the higher limits. At
the time insurance in obtained by the Lessee, all insurance shall be by a company/corporation
rated “A-” or better by A.M. Best. The following policies of insurance are required with the
following minimum amounts:
1. Commercial General Liability, including Premises, all operations, property
damage, products and completed operations, and personal injury and death,
broad-form contractual, with a per-occurrence limit of not less than $1,000,000
combined single limit. If this lease authorizes the Lessee to engage in the sale
or the commercial dispensing or storage of aviation fuel, the policy must not
exclude of Lessee’s fuel handling activities. This policy must name the City as
an additional insured.
2. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and
non-owned motor vehicles used by the Lessee.
3. Workers Compensation Insurance. The Lessee will provide and maintain, for
all employees, coverage as required under AS 23.30.045, and, where
applicable, any other statutory obligations. The policy must waive subrogation
against the City.
4. The Lessee will provide the City with proof of insurance coverage in the form of
an insurance policy or a certificate of insurance, together with proof that the
premiums have been paid, showing the types and monetary limits of coverage
secured. All insurance required by this provision must provide that the City be
notified at least 30 days prior to any termination, cancellation, or material
change in the insurance coverage.
5. If the Lessee's insurance coverage lapses or is canceled, Lessee will
immediately, upon written notice by the City, halt all operations on the Airport,
including the Premises. The Lessee will not resume operations until the City
receives evidence that the Lessee has obtained current insurance coverage
meeting the requirements of this Lease.
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6. The City may, at intervals of not less than five years from the beginning date of
the term of this Lease and upon written notice to Lessee, revise the insurance
requirements required under this Lease. City’s determination to revise the
insurance requirements will be based on the risks relative to the Lessee's
operations, any insurance guidelines adopted by the City, and any applicable
law.
7. If the Lessee subleases all or any portion of the Premises under the provisions
of this Lease, the Lessee will require the sub-lessee to provide to the insurance
coverage required of the Lessee under this Article X.
ARTICLE XI
LAWS & TAXES
A. COMPLIANCE WITH LAW: Lessee shall comply with all applicable laws, ordinances,
and regulations of public authorities now or hereafter in any manner affecting the Airport, the
Premises or the sidewalks, alleys, streets, and ways adjacent to the Premises, or any buildings,
structures, fixtures and improvements or the use thereof, whether or not any such laws,
ordinances, and regulations which may be hereafter enacted involve a change of policy on the
part of the governmental body enacting the same. Lessee agrees to hold City financially
harmless:
1. From the consequences of any violation of such laws, ordinances, and/or
regulations; and
2. From all claims for damages on account of injuries, death, or property damage
resulting from such violation.
B. UNLAWFUL ACTIVITY: The Lessee shall not permit any unlawful use, occupation,
business, or trade to be conducted on the Premises contrary to any law, ordinance, or
regulation, including zoning ordinances, rules and regulations.
C. LICENSES AND PERMITS: The Lessee will obtain all necessary licenses and permits,
pay all taxes and special assessments lawfully imposed upon the Premises, and pay other
fees and charges assessed under applicable law. Nothing in this Lease prevents the Lessee
from challenging any taxes or special assessments to the appropriate authority.
D. LITIGATION: The Kenai municipal code, including regulations promulgated
thereunder, and the laws of the State of Alaska will govern in any dispute between the Lessee
and City. If a dispute continues after exhaustion of administration remedies, any lawsuit must
be brought in the courts of the State of Alaska, in Kenai, Alaska.
E. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which,
during the term of this Lease may become a lien upon or which may be levied by the State,
Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee
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may have in or to the Premises or improvements on the Premises by reason of its use or
occupancy or the terms of this Lease provided, however, that nothing in this provision shall
prevent Lessee from contesting any increase in a tax or assessment under any applicable law,
ordinance, or regulation.
F. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is
declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining
terms, provisions, conditions, or parts shall continue in full force and effect as though the
declaration had not been made.
ARTICLE XII
LEASE TERMINATION
A. CANCELLATION: The City may, after 30 days’ written notice to the Lessee, cancel
this Lease and recover possession of the Premises if any of the following violations occur,
unless the violation is cured within the 30 days:
1. The Lessee fails to pay when due the rents, additional rents, charges, or other
sums specified in this Lease, including any increases made under this Lease.
2. The Lessee's check for payment of any sum due under this Lease is returned
for insufficient funds.
3. The Lessee uses or authorizes the use of the Premises for any purpose not
authorized by this Lease.
4. The Lessee fails to fully perform and comply with any provision in this Lease.
5. The Lessee violates a provision of Kenai Municipal Code applicable to this
Lessee.
6. The court enters a judgment of insolvency against the Lessee.
7. A trustee or receiver is appointed for the Lessee's assets in a proceeding
brought by or against the Lessee, or the Lessee files a voluntary petition in
bankruptcy.
8. Failure by the Lessee to comply with any land development or permanent
improvement construction required by this Lease.
B. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated in
accordance with this Article XII, or by summary proceedings or otherwise, or upon the Lessee’s
abandonment of the Premises or a portion of the Premises, the City or its agents, servants, or
representatives may, immediately or any time thereafter, re-enter, and resume possession of
the Premises or portion thereof, and remove all persons and property therefrom, without being
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liable for any damages therefore. No re-entry by the City shall be deemed an acceptance of a
surrender of the Lease.
C. CONTINUING OBLIGATIONS UNTIL PREMISES VACATED: The Lessee will
continue to pay City rent after the expiration, termination, or cancellation of this lease and to
abide by the lease obligations, including providing proof of insurance coverage, through the
date Lessee relinquishes possession of and completely vacates the Premises. City will
consider the Premises completely vacated if the Lessee has
1. Remediated any environmental contamination for which the Lessee is
responsible;
2. Restored the Premises to a neat and clean physical condition acceptable to the
City.
D. REASONABLE CURE:
1. In the case of a violation that cannot be reasonably cured within 30 days, a
notice of cancellation issued by the City to the Lessee under this Article is
stayed if, within the 30-day notice period, the Lessee begins and continues
expeditious action to cure the violation. The City will determine if a violation
cannot be reasonably cured within 30 days and what constitutes expeditious
action.
2. In the case where, in City’s sole determination, Lessee’s violation is considered
an imminent threat to the airport, public health or safety, or the environment,
City will direct the Lessee to stop the activity immediately and may reduce the
period to cure the violation, or the City may correct the violation pursuant to (E)
of this Article.
E. RIGHT OF CITY TO PERFORM:
1. If, after 30 days following notice the Lessee fails or refuses to perform any action
required by this Lease, the City will have the right, but not the obligation, to
perform any or all such actions required by this Lease at the sole expense of
the Lessee. The City will not take action if the Lessee begins and continues
expeditious action to perform any action required by this Lease that cannot be
reasonably completed within 30 days. The City will, at its sole discretion,
determine what constitutes expeditious action and if an action cannot be
reasonably performed in 30 days. The City will submit to the Lessee an invoice
for the expenses incurred by the City in the performance by the City of any
required action. The Lessee will pay the amount of each invoice within 30 days
from issuance.
2. If Lessee fails or refuses to perform any action that has been deemed an
imminent threat the City will have the right, but not the obligation, to perform
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any or all such actions required to expeditiously correct the imminent threat.
Lessee shall reimburse the City for any cost, including legal fees and
administrative costs reasonably incurred by the City in acting to correct the
imminent threat violation.
F. WAIVER: A waiver by the City of any default by the Lessee of any provision of this
Lease will not operate as a waiver of any subsequent default. If the City waives a default, the
City is not required to provide notice to the Lessee to restore or revive any term or condition
under this Lease. The waiver by the City of any provision in this Lease cannot be enforced or
relied upon unless the waiver is in writing and signed on behalf of the City. The City's failure
to insist upon the strict performance by the Lessee of any provision in this Lease is not a waiver
or relinquishment for the future, and the provision will continue in full force.
G. AIRPORT CLOSURE:
1. If the City closes the airport to aircraft operations for sixty days or less, this
Lease will remain in full force and effect without adjustment
2. If the City closes the Airport to aircraft operations for more than sixty days, but
not permanently, and this Lease is for aviation or direct aviation support uses,
the Lessee may, upon written notice to the City, either terminate the Lease or
retain the Lease and receive a fifty (50%) percent rent reduction or credit for
that portion of the closure that exceeds sixty days.
3. If the City permanently closes the Airport to aircraft operations and
a. this Lease is for aviation or direct aviation support uses, the Lessee may
terminate this agreement by written notice to the City; or
b. this Lease is for non-aviation uses, the Lessee may request in writing to
have the Lease terminated. The City will consider the Lessee’s request
in light of the City’s best interest and either terminate the Lease, or deny
the Lessee’s request in writing.
H. DISASTERS: The Lessee or City may cancel this lease upon written notice to the other
party if:
1. the Premises becomes unusable through no fault of either party and
performance under this lease becomes impossible; or
2. the Airport becomes unusable through no fault of either party and the
performance under this lease becomes impossible.
If the Lessee elects in writing that it will continue to operate after notice from City to Lessee
that the Airport has become unusable, the Lessee’s obligations under the Lease will continue,
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but City shall be under no obligation to continue to perform.
Causes for termination of the lease under this provision (G) include acts of God, the public
enemy, and the United States.
I. NATIONAL EMERGENCY: If the federal government declares a national emergency,
neither party may hold the other liable for any inability to perform any part of this Lease as a
result of the national emergency.
J. SURRENDER ON TERMINATION: Except as provided otherwise in this Article XII,
Lessee shall, on the last day of the term of this Lease (including any extension or renewal
thereof) or upon any earlier termination of this Lease, surrender and deliver up the premises
into the possession and use of City without fraud or delay in good order, condition, and repair,
except for reasonable wear and tear since the last necessary repair, replacement, restoration
or renewal, free and clear of all lettings and occupancies unless expressly permitted by the
City in writing, and free and clear of all liens and encumbrances other than those created by
and for loans to City.
K. OWNERSHIP AND DISPOSITION OF IMPROVEMENTS:
1. Ownership of Permanent Improvements: Permanent improvements on the
Premises, excluding Site Development Materials, constructed, placed, or
purchased by the Lessee remain the Lessee’s property as long as this
Lease remains in effect, including any period of extension or holdover with
the consent of the Lessor.
2. Disposition of Site Development Materials: The Lessee acknowledges that,
once placed by the Lessee, the removal from the Premises of Site
Development Materials can damage the Premises, adversely affect surface
water drainage patterns, and destabilize adjacent structures. When placed
on the Premises by the Lessee, Site Development Materials, including
building pads, parking areas, driveways, and similar structures:
a. become a part of the realty and the property of the City of Kenai;
b. unless otherwise directed by the Lessor, must be maintained by the
Lessee throughout the term of this Lease, including any extensions and
periods of holdover; and
c. may not be removed by the Lessee without the prior written approval of
the Lessor.
3. Disposition of Personal Property and Permanent Improvements Other Than
Site Development Materials:
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a. Unless the Lessor otherwise directs as provided below, when this Lease
expires, terminates, or is cancelled and is neither extended nor followed
by a successive lease, the departing Lessee may do one or more of the
following:
i. remove Lessee-owned Permanent Improvements from the
Premises, remediate any Contamination for which the Lessee
is responsible, and restore the Premises to a clean and neat
physical condition acceptable to the Lessor within 60 days
after the expiration, cancellation, or termination date of this
Lease;
ii. with written approval from the Lessor, sell Lessee-owned
Permanent Improvements to the succeeding lessee, remove
all personal property, remediate, any Contamination for which
the Lessee is responsible and leave the Premises in a clean
and neat physical condition acceptable to the Lessor within 60
days after notice from the Lessor that the Lessor has approved
an application for a lease of the Premises by another person
or such longer period specified in the notice, but in no event
more than 180 days after the expiration, termination, or
cancellation date of this Lease;
iii. elect to have the Lessor sell Lessee-owned Permanent
Improvements at public auction as provided below, remediate
any Contamination for which the Lessee is responsible, and
restore the premises to a clean and neat physical condition
acceptable to the Lessor. If the Lessor sells Permanent
Improvements under this Paragraph for removal from the
Premises, the departing Lessee's obligation under this
Paragraph continues until the Premises are remediated and
restored to a clean and neat physical condition acceptable to
the Lessor after the improvements have been removed.
b. If the departing Lessee elects to have the Lessor sell Lessee-owned
Permanent Improvements at public auction per this Section, the Lessee
shall, within 30 days after the expiration, cancellation, or termination of
this Lease:
i. submit to the Lessor a written request and authorization to sell
the Permanent Improvements by public auction;
ii. provide to the Lessor an executed conveyance document
transferring clear title to the Permanent Improvements to the
successful bidder at the public auction, along with
authorization to the Lessor, as agent for the Lessee for
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purposes of the sale only, to endorse the name of the
successful bidder on the conveyance document upon receipt
of payment of the successful bid price; and
iii. before the date of the public auction, remove all personal
property, remediate any Contamination for which the Lessee
is responsible and leave the Premises in a neat and clean
physical condition acceptable to the Lessor.
c. When selling Lessee-owned Permanent Improvements at public auction
for the departing Lessee, the Lessor will establish the terms and
conditions of the sale. The Lessor shall pay the Lessee any proceeds of
the sale of the Permanent Improvements, less the administrative costs
of the public auction and any financial obligation the Lessee owes to the
Lessor under this Lease. Payment will be made within a reasonable
time after the Lessor completes the sale transaction and receives the
proceeds, but not to exceed 60 days. If all or a portion of the Permanent
Improvements do not sell at public auction, the Lessee will remove those
Permanent Improvements, remediate any Contamination for which the
Lessee is responsible and restore the Premises to a clean and neat
physical condition acceptable to the Lessor within 60 days after the
auction.
d. If the Lessee shows good cause to the Lessor and if it is not inconsistent
with the best interest of the City of Kenai, the Lessor will grant an
extension of time that is sufficient to allow the Lessee to remove or sell
Lessee-owned Permanent Improvements, remediate any
Contamination for which the Lessee is responsible and to restore the
Premises to a clean and neat physical condition acceptable to the
Lessor.
e. The Lessor will, by written notice, direct the departing Lessee to remove
Lessee-owned Permanent Improvements from the Premises, to
remediate, consistent with applicable law, any Contamination for which
the Lessee is responsible and to restore the Premises to a clean and
neat physical condition acceptable to the Lessor if the Lessor
determines in writing:
i. that the continued presence of the Permanent
Improvements on the Premises are not consistent with any
written Airport program or plan required for compliance
with applicable federal, state, or local law;
ii. that the continued presence of the Permanent Improvements
on the Premises is not in the best interest of the City of
Kenai; or
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iii. that the Permanent Improvements present a hazard to public
health or safety.
f. The departing Lessee to whom the Lessor has issued direction under
Paragraph e of this Section shall comply with the Lessor's direction
within 60 days after issuance of the direction and at no cost to the
Lessor. If the departing Lessee shows good cause to the Lessor,
continues to work diligently to comply with Lessor’s direction, and if it is
not inconsistent with the best interest of the City of Kenai, the Lessor will
allow in writing a longer period that is sufficient to allow the Lessee to
comply with the Lessor’s direction. A departing Lessee who fails to
comply with a direction issued by the Lessor under Paragraph e of this
Section, shall, within 30 days of being billed by the Lessor, reimburse
the Lessor for any costs reasonably incurred by the Lessor, including
legal fees and administrative costs, to enforce the Lessor’s direction or
to remove and dispose of unremoved Lessee-owned improvements,
remediate any Contamination for which the Lessee is responsible and
restore the Premises.
g. If the departing Lessee does not timely remove or sell the Lessee-owned
Permanent Improvements on the Premises in accordance with the
requirements of this Section, any remaining Permanent Improvements
and any remaining personal property of the departing Lessee will be
considered permanently abandoned. The Lessor may sell, lease,
demolish, dispose of, remove, or retain the abandoned property for
Airport use as the Lessor determines is in the best interest of the City of
Kenai. The departing Lessee shall, within 30 days after being billed by
the Lessor, reimburse the Lessor for any costs reasonably incurred by
the Lessor, including legal and administrative costs, to demolish,
remove, dispose, clear title to, or sell the abandoned property and to
remediate and restore the Premises.
h. After the expiration, termination, or cancellation of the Lease, including
any holdover, the departing Lessee loses all right to occupy or use the
premises without the express or implied consent of the Lessor. Except
as the Lessor notifies the departing Lessee otherwise in writing, the
Lessor consents to the departing Lessee's continued use and
occupancy of the Premises to diligently accomplish the requirements of
this Section. Until the departing Lessee relinquishes possession of and
completely vacates the Premises and notifies the Lessor in writing that
it has relinquished and vacated the Premises, the departing Lessee shall
perform the following as if the lease were still in effect,
i. pay rent to the Lessor;
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ii. maintain the premises;
iii. provide the Lessor with evidence of each insurance coverage,
if any, required under the Lease; and
iv. cease using the premises other than to diligently accomplish
the requirements of this Section, and to comply with the other
requirements of the Lease.
i. A departing Lessee will not be considered to have relinquished
possession and completely vacated the Premises until
i. the departing Lessee has:
(a) remediated, consistent with applicable law, any
Contamination for which the Lessee is
responsible; and
(b) restored the Premises to a clean and neat
physical condition acceptable to the Lessor; and
ii. either
(a) removed all of the Lessee's Permanent Improvements
and personal property from the premises or sold the
Permanent Improvements and personal property to a
succeeding Lessee under the provisions of this Lease; or
(b) transferred title to the Lessee's Permanent Improvements
and personal property that remain on the premises to the
Lessor.
ARTICLE XIII
GENERAL COVENANTS
A. USE OF THE AIRPORT: Except as provided herein, any regular use of Airport lands
or facilities without the written consent of the City is prohibited. This prohibition shall not apply
to use of areas designated by the City for specified public uses, such as passenger terminals,
automobile parking areas, and streets.
B. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but
not limited to recording costs, shall be paid by Lessee.
C. CARE OF THE PREMISES: The Lessee shall keep the Premises clean and in good
order at the Lessee’s own expense, allowing no damage, waste, nor destruction thereof, nor
removing any material therefrom, without written permission of the City. At the expiration of
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the term fixed, or any earlier termination of the Lease, the Lessee will peaceably and quietly
quit and surrender the premises to the City.
D. CONSTRUCTION APPROVAL AND STANDARDS: Any building construction on the
Premises by the Lessee must be compatible with its surroundings and consistent with the uses
authorized under this Lease, as determined by the City. The Lessee must obtain the City’s
written approval before placing fill material, beginning any land development, or constructing
or demolishing any improvements on the Premises, and before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee must submit
to the City detailed drawings of the proposed development, alteration, modification, or
renovation, together with specifications or any other information the City reasonably requires.
Further, the Lessee will submit to City evidence of the Lessee’s compliance with Federal
Aviation Administration regulation 14 CFR Part 77.
E. LEASE SUBORDINATE TO AIRPORT FINANCING REQUIREMENTS: Lessee
agrees that City may modify this Lease to meet revised requirements for Federal or State
grants, or to conform to the requirements of any revenue bond covenant. However, the
modification shall not act to reduce the rights or privileges granted the Lessee by this Lease,
nor act to cause the Lessee financial loss.
F. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and
covenants that the Lessee, upon paying rent and performing other covenants, terms, and
conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and
enjoy the Premises, except that the following shall not construed as a denial of the right of
quiet or peaceable possession:
1. Any inconvenience caused by public works projects in or about the Premises;
and
2. Any other entries by the City on the Premises reserved or authorized under
other provisions of this Lease.
G. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that
the City shall not be construed or held to be a partner or joint venture of Lessee in the conduct
of the Lessee’s activities or business on the Premises. The relationship between the City and
the Lessee is, and shall at all times remain, strictly that of landlord and tenant, respectively.
H. DISCRIMINATION: The Lessee 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. The Lessee recognizes the right of the City to take any action necessary to enforce this
provision, including actions required pursuant to any federal or state law.
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I. AFFIRMATIVE ACTION: If required by 14 CFR Part 152, subpart E, the Lessee will
undertake an affirmative action program to insure that no person will be excluded from
participating in any employment activities offered by the Lessee on the grounds of race, creed,
color, national origin, or sex. No person may be excluded on these grounds from participating
in or receiving the services or benefits of any program or activity covered by subpart E. The
Lessee further agrees that it will require its sub-organization(s) provide assurance to the City
to the same effect that they will also undertake affirmative action programs and require
assurances from their sub-organization(s) as required by 14 CFR, Part 152, subpart E. Tenant
shall use the premises in compliance with all other requirements imposed by or pursuant to
title 49, code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as the Regulation may be amended.
J. INTEGRATION, MERGER, AND MODIFICATION: This Lease sets out all the terms,
conditions, and agreements of the parties and supersedes any previous understandings or
agreements regarding the Premises whether oral or written. No modification or amendment
of this Lease is effective unless in writing and signed on behalf of the City and the Lessee.
K. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce
reasonable rules and regulations governing the Airport, including the Premises. The City shall
not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's rights
under this Lease, on account of the exercise of the City’s authority reserved under this
provision. Furthermore, the Lessee shall not be entitled to terminate the whole or any portion
of the leasehold estate created under this Lease, by reason of the exercise of the City’s
authority reserved under this provision, unless the exercise thereof so interferes with Lessee's
use and occupancy of the Premises as to constitute a termination, in whole or in part, of this
Lease by operation of law under the laws of the State of Alaska and of the United States made
applicable to the states.
L. LESSEE'S OBLIGATION TO PREVENT AND REMOVE LIENS: Lessee will not permit
any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable
or available under the then existing laws, to stand against the Premises or improvements on
the Premises for any labor or material furnished to Lessee or claimed to have been furnished
to Lessee or to the Lessee's agents, contractors, or sub-lessees, in connection with work of
any character performed or claimed to have been performed on the Premises or improvements
by or at the direction or sufferance of Lessee. Provided, however, the Lessee shall have the
right to provide a bond as contemplated by Alaska law and contest the validity or amount of
any such lien or claimed lien. Upon a final determination of the lien or claim for lien, the Lessee
will immediately pay any judgment rendered with all proper costs and charges and shall have
such lien released or judgment satisfied at Lessee's own expense.
M. CONDEMNATION: In the event the Premises or any part thereof shall be condemned
and taken for a public or a quasi-public use, then upon payment of any award or compensation
arising from the condemnation or taking, the City and the Lessee shall make a good faith effort
to agree upon
1. the division of the proceeds;
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2. the abatement in rent payable during the term or any extension of the term of
this Lease; and
3. other adjustments as the parties may agree upon as being just and equitable
under all the circumstances.
If, within thirty days after the award has been paid into Court, the City and Lessee are unable
to agree upon what division, abatement in rent, and other adjustments as are just and
equitable, the dispute shall be determined by arbitration.
N. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the
benefit of the respective successors and assigns of the parties hereto, subject to such specific
limitations on assignment as are provided for in this Lease.
O. NOTICES:
1. Any notices required by this Lease must be in writing and must be delivered
personally or mailed by certified or registered mail in a prepaid envelope. A
mailed notice
a. must be addressed to the respective party at the address written on the
first page of this Lease or to the latest address designated in accordance
with (2) of this Provision (O); and
b. shall be deemed delivered on the date it is deposited in a U.S. general
or branch post office.
2. The City or the Lessee may, from time to time, designate a new address at
which they will receive notices by providing the other party with written notice at
least 15 days prior to the effective date of the change. An address change
notice must be delivered according to the procedure set out in (1) of this
Provision (O).
P. RETENTION OF RENTAL: In the event the City terminates this Lease because of any
breach by the Lessee, the City shall retain any unused balance of the rental payment last made
by the Lessee City as partial or total liquidated damages for the breach.
Q. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and
take all necessary action to suppress destructive or uncontrolled fires and comply with all laws,
regulations, and rules promulgated and enforced by the City for fire protection on the Airport.
R. PERSONAL USE OF MATERIALS: No interest in coal, oil, gas or any other mineral,
or in any deposit of stone or gravel valuable for extraction or utilization is included in the
Premises or in the rights granted by this lease. The Lessee shall not sell or remove from the
Premises for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes.
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S. APPROVAL OF OTHER AUTHORITIES: The granting of this lease by the City does
not relieve the Lessee of the responsibility to obtain any license or permit as may be required
by federal, state, or local law.
T. EXECUTION BY THE PARTIES: This Lease is of no effect unless signed by the
Lessee, or a duly authorized representative of Lessee, and an authorized representative of the
City.
U. CAPTIONS: The captions of the provisions of this Lease are for convenience only and
do not necessarily define, limit, describe, or construe the contents of any provision.
V. RIGHTS OF CONSTRUCTION: This Lease is intended to make public property
available for private use, while at all times protecting the public interest to the greatest extent
possible. Following the rule that transfers of interest in public property are to be strictly
construed in favor of the public property landlord, all rights granted to the Lessee under this
Lease will be strictly construed, and all rights of the City and the protections of the public
interest will be liberally construed.
W. LESSEE ACKNOWLEDGEMENT: The Lessee acknowledges that the Lessee has
read this Lease and fully understands its terms, that the Lessee has been fully advised or has
had the opportunity of advice by separate legal counsel, and voluntarily executes this Lease.
Lessee also acknowledges and agrees that the rule of interpretation under which a document
is construed against the drafter will not apply to this Lease.
X. APPROVAL BY LESSOR: Any approval required of the Lessor by this Lease will not
be unreasonably withheld. The Lessor’s approval does not waive the Lessee's legal
responsibility or liability to comply with all applicable federal and state laws and regulations.
ARTICLE XIV
SURVEY, IMPROVEMENTS AND PERFORMANCE BOND
A. SURVEY: The Lessee is solely responsible, at its sole expense, to confirm or establish
the physical location of the boundaries of the Premises prior to beginning any construction
thereon, including clearing grubbing, back-filling and environmental sampling. Any survey of
the Premises shall be performed by a Land Surveyor registered in the State of Alaska. The
Lessee shall furnish the City with a copy of the plat of any survey performed on the Premises
by, or on behalf of, the Lessee.
B. IMPROVEMENTS:
1. REQUIRED IMPROVEMENTS: At no cost to the City, Lessee agrees to
complete land development and construction of Permanent Improvements
including NON-APPLICABLE by no later than NON-APPLICABLE, with an
aggregate cost of at least $ NON-APPLICABLE, excluding financing costs. In
addition to the as-built drawings required by this Lease, the Lessee must submit
to the City written evidence that the Lessee has completed the land
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development and constructed improvements on the Premises with an
aggregate cost or investment of not less than $ NON-APPLICABLE.
The evidence of cost must be submitted to the City within sixty days of the
completion of the development and improvements, but by no later than NON-
APPLICABLE.
a. Costs considered toward the aggregate cost of permanent
improvements include building construction, design, labor, materials,
materials shipping, permits, equipment, soil testing, environmental
baseline report, and environmental assessment directly related to the
construction; premises and as-built surveys; site preparation, including
excavation, geotextile fabric, filling, grading, fill material, gravel, and
pavement, remediation of environmental contamination (unless Lessee
caused or Materially Contributed To the Contamination); and utility
connection costs.
b. The cost of Permanent Improvements excludes:
1. work performed by the City and not reimbursed by the Lessee;
and
2. work performed by the Lessee and reimbursed by the City.
2. FAILURE TO COMPLETE IMPROVEMENTS: If the Lessee fails to complete
the required construction within the time allowed under (b)(1) of this Article,
including any extensions granted, the City will execute against and the Lessee
will forfeit, any bond or other guarantee given by the Lessee and, as applicable,
City will:
a. initiate cancellation of the lease; or
b. reduce the term of the lease to a period that is consistent with the portion
of the required construction timely completed.
3. APPEARANCE: When completed, all improvements on the Premises must be
neat, presentable, and compatible with the authorized use of the Premises
under this Lease, as determined by the City.
4. CITY APPROVAL REQUIRED: The Lessee must first obtain the City’s written
approval before beginning any land development, construction or demolition of
any improvements on the Premises, or before beginning any alterations,
modifications, or renovation of existing structures on the Premises. The Lessee
must submit to the City detailed drawings of the proposed development,
alteration, modification, or renovation. Further, the Lessee will submit to City
evidence of the Lessee’s compliance with the FAA regulation 14 CFR Part 77.
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5. CITY APPROVAL WITHHELD: The City’s approval of any construction,
alteration, modification, or renovation will not be withheld unless
a. the Lessee fails to demonstrate adequate financial resources to
complete the project;
b. the project plans, specifications, and agency approvals are incomplete;
c. the proposed project would result in a violation of an applicable
ordinance, regulation, or law;
d. the proposed project would interfere with or is incompatible with the
safety, security, maintenance, or operation of the airport;
e. the proposed project is inconsistent with the Airport Master Plan;
f. the proposed project is inconsistent with the terms of the lease, zoning
ordinances, or the City’s Comprehensive Plan;
g. the project plans do not make sufficient provision for drainage, aircraft,
vehicle, and equipment parking, or for snow storage; or
h. the proposed project does not conform to generally recognized
engineering principles or applicable fire or building codes.
6. DEMOLITION: Prior to any demolition of any structure(s) on the Premises,
Lessee will deliver to City a written scope of work that, at a minimum, lists the
structure(s) that are to be demolished and the timeframe for demolition and
removal of the debris from the Airport. City will review Lessee’s scope for
demolition and issue Lessee written approval for the work to be done.
7. BUILDING SETBACK: No building or other permanent structure may be
constructed or placed within twenty feet of any lot of the Premises without City’s
prior written approval. In addition, no building or other permanent structure may
be constructed or placed within twenty feet of any boundary line of the Premises
which fronts on a landing strip, taxiway, or apron.
8. AS-BUILT DRAWINGS: Within sixty days after completion of construction or
placement of improvements upon the Premises, the Lessee will deliver to the
City a copy of an as-built drawing, acceptable to the City, showing the location
and dimensions of the improvements, giving distances to all Premises’
boundaries. If the Lessee constructs underground improvements, the Lessee
will appropriately mark the surface of the land with adequate surface markers.
The type, quantity, and distance between such markers will be subject to
approval of the City.
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9. AIRPORT SECURITY FENCING: If any construction by the Lessee requires a
realignment or alteration of an existing security fence on the Premises or
boundary of the Premises, the Lessee agrees to realign or alter the fence in a
manner approved in writing by the Airport Manager. Anytime the fence must
be breached to allow the Lessee to complete improvement construction or
fence modifications, the Lessee shall, at the Lessee’s sole expense place
temporary barriers to maintain the security of the Airport, as determined by the
Airport Manager. If damage occurs to a security fence on the Premises or
boundary of the Premises in connection with the Lessee’s use or occupation of
the Premises, the Lessee shall promptly repair the fence to the satisfaction of
the Airport Manager.
10. DAMAGE TO IMPROVEMENTS: If Lessee’s improvements on the Premises
are damaged or destroyed, Lessee will cause the improvements to be repaired
or rebuilt, and restored to normal function within two years following the damage
or destruction. If the Lessee fails to timely rebuild or restore the improvements,
the City may, at its sole discretion, either reduce the term of this Lease
commensurate with the estimated value of the Lessee’s remaining, fully
functional improvements on the Premises, or cancel this Lease.
11. DAMAGE NEAR EXPIRATION: If Lessee’s improvements are damaged to the
extent that more than 50% of the space is unusable and the damage occurs
within five years of the expiration of the term of this Lease, Lessee may remove
the damaged improvements, restore the Premises and terminate this Lease.
C. PERFORMANCE BOND (Optional): Prior to beginning the construction of permanent
improvements required under (1) of this Article, the Lessee shall submit to the City a
performance bond, deposit, or other security in the amount of $ NON-APPLICABLE. The form
of the bond or other security shall be subject to the City’s approval.
D. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this
Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises
into the possession and use of City without fraud or delay in good order, condition, and repair,
except for reasonable wear and tear since the last necessary repair, replacement, restoration
or renewal, free and clear of all lettings and occupancies unless expressly permitted by the
City in writing, and free and clear of all liens and encumbrances other than those created by
and for loans to City. Upon the end of the term of this Lease, including any extension or
renewal, or any earlier termination thereof, title to the buildings, improvements and building
equipment shall automatically vest in City without requirement of any deed, conveyance, or bill
of sale thereon. However, if City should require any such document in confirmation hereof,
Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and
fee asserted or imposed by any and all governmental unites in connection herewith.
E. NOTICE OF CONSTRUCTION: The Lessee agrees to notify the City in writing three
days prior to commencing any construction project valued in excess of $1,000.00 on the
Premises. The Lessee agrees to assist in the posting of a notice of non-responsibility and
maintenance of the notice on the Premises during construction. Lessee agrees that in the
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event the Lessee fails to notify the City as required by this Provision (f), the Lessee shall
indemnify the City against any materialmen's liens as defined in AS 34.35.050 which arise as
a result of construction on the premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day
and year stated in the individual acknowledgments below.
LESSEE: LESSOR:
SOAR International Ministries, Inc. City of Kenai
By: By:
Richard L. Page Date Paul Ostrander Date
Its: President Its: City Manager
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _________, 2020, Richard L. Page,
President of SOAR International Ministries, Inc., being personally known to me or having
produced satisfactory evidence of identification, appeared before me and acknowledged the
voluntary and authorized execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires: _______________
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STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of _________, 2020, Paul Ostrander, City
Manager of the City of Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary
and authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
ATTEST:
____________________________
Jamie Heinz, City Clerk
SEAL:
Approved as to Lease Form:
_________________________
Scott Bloom, City Attorney
After Recording, Return to:
City of Kenai
210 Fidalgo Ave.
Kenai, AK 99611
Page 135
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 10, 2020
SUBJECT: Resolution No. 2020-49 – Lease to SOAR for Lots 2 and 3, Bl. 5, GAA
SOAR International Ministries, Inc. (SOAR) has requested to convert to the new standard lease
form for Airport lands that was adopted with Resolution No. 2018-10 to align with changes that
were made under Ordinance No. 2998-2018 to Title 21, City Airport Reserve Lands. A map of the
parcels leased by SOAR International Ministries is attached to this memorandum. The parcels
are within the Airport Light Industrial (ALI) Zone of the City and within the Airport Reserve. The
Airport Commission recommended the City Council adopt Resolution No. 2020-49 at their
meeting on June 11, 2020.
SOAR has also submitted an application for lease development incentives. SOAR has stated they
estimate a value of $140,000 for the following eligible work activities: clearing and grubbing,
unclassified excavation, and classified excavation. SOAR has provided a value of the work
prepared by a qualified engineer licensed to work in Alaska as part of their application materials
to meet requirements of Kenai Municipal Code 21.10.100, Temporary development incentives.
Resolution No. 2020-49 would convert SOAR’s lease to the new standard lease form and approve
of temporary development incentives, which would apply a credit towards lease payments for a
maximum of five (5) years once the accepted scope of work has been completed for site
preparation. Thank you for your consideration.
Cc: Mary Bondurant, Airport Manager
Page 136
Parcels 04324016 and 04324017
105 and 115 North Willow Street
Lots 2 and 3, Block 5, GAA Subd. No. 1 Amended
N WILLOW STMA
I
N
S
T
R
E
E
T
L
O
O
P
R
D
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Resolution No. 2020-49 -
Lease Conversion and Development Incentives Application
Date: June 2020
04020 Feet
LEGEND
Lots 2 and 3, Bl. 5, GAA Subd.
Page 137
~ECEIVED
CITY OF KENAI
City of Kenai DA TE (/ /t; ( 2/JltJ
PLANNING DEPARTMENT Lease Development Incentive
Application
!Application Date: I 06/05/2020
Applicant Information
Name of Applicant: SOAR International Ministries -Richard Page
Mailing Address : P.O. Box 1714 !city: Kenai lstate: I Alaska !zip Code:j 99611
Phone Number(s): Home Phone: cell 907-252-1841 Work/ Message Phone: 907-283-1961
E-mail : (Optional) RichardPage@soarinternational.org
Lease Information
Eligible development
To qualify for a lease credit toward rent for a
maximum of five years , an applicant for a new
lease , extension , or renewal must complete
commercial development on the property within two
years to receive the credit, which is based on the
value of site preparation work on the leased
premises. Examples of eligible work include : clearing
and grubbing , unclassified excavation , classified fill
and back fill , and utility extensions .
Required documentation
1. An estimate of the value of the work , including a
scope of work, prepared by a qualified engineer
licensed to work in Alaska must be provided to the
City and accepted prior to work being performed.
Any changes to the estimate must be provided to the
City and accepted prior to work being performed to
be eligible for the credit.
2 . A certification from a qualified engineer that the
accepted scope of work has been completed must
be provided to the City and accepted at the
completion of the work for the credit to be applied .
Application is for:
lEJ Existing Lease Property
D New Land Lease Application
Description of property:
Lots 2 and 3 , Block 5, General Aviation Apron
Description of work to be completed :
lEJ Clearing and grubbing
lEJ Unclassified Excavation
lEJ Classified Excavation
D Utility Extensions
D Other:
Estimated value of work : $140 ,000
Estimated start date : June 2020
Estimated completion date: July 2020
Attachment(s):
lEJ Scope of work
lEJ Other:
By signing and dating below, the applicant agrees to fulfill the above requirements and understands that if these
requirements are not met, the applicant will not be eligible for a development credit toward rent.
Signature:
Print Name:
For City Use Only:
D General Fund
D Airport Fund
Richard Page
D Airport Reserve Land
D Outside Airport Reserve
Date : 0610512020
Title : President
Date Application Received:
Date Scope of Work Approved :
Amount of Credit Applied:
Page 138
STEAM ON WHEELS, LLC
45240 KNIGHT DRIVE #4
SOLDOTNA, AK 99669
Voice: 9072623240
Fax: 9072605230
Sold To : SO AR Internationa::. Minis tries
429 62 Ka ::.ifo=nsky Beach Ro ad
Soldotna, AK 99669
USA
Ship to :
Invoice
Invoice Number
868 8
Invoice Date
Ju:. 4, 2020
Page :
. ...
Customer ID Customer PO Payment Terms
SOAR International
Sales Rep ID
Quantity Item
1. 00
1. 00
Check/Credit Memo No
Net 30
Shipping Method Ship Date
Co urier
Description Unit Price
!Remove Trees . Excavate overburde n 140,000.00
~o wn to good sub ba se and b r ing
pad up to desired level fo r
concrete. Approx qty of
!Overburden i s 350 0 cy and 4000 cy
~ravel
!Notes : See attached drawing for
represer.t ation of pad on 1 05 and
115 North willow st=eet .
You (iD
Subtotal
Sales Tax
Total Invoice Amount
Payment/Credit Applied
TOTAL
www.steamonwheelsllc.com
Finance Charg es will be charged o n all overdue invoices .
Days
Due Date
7 I 4 /2C
Extension
:40,000.00
:40 ,00 0 .00
140 ,000 .00
140 ,000 .00
Page 139
Lots 105 and 115 ~"AR International
• Mileposts
City Limits
Highways
Major Roads
Roads
Town Medium Volume
Town Low/Seasonal: Other
Proposed
Parcels
-his <nao s a user ger erated sta:.;: out p\J t frcm ar 1.,ter1et rnappi">g site and i s fo • re'erence O"Y Data J3yers t~at appea r on tms ma :> 'ray or "13)' rot ~------------...,
be Jee.rate, c.rrl11t or o:he'V,-se re Jb:e. •:is "°t to be u~eo fo• ~avi;;afo'l Notes
O 0.01 0.02 Miles
Type any notes here.
............... c========-------
Coordinate System : NAD_ 1983_StatePlane_Alaska_4_FIPS_5004_Feet
DATE PRINTED: 6/4/2020
Page 140
P.O. Box 468 Soldotna, Alaska 99669 (907) 283-4218 Fax (907) 283-3265
Email crmclane@mclanecg.com
Review Memo
Via email
Date: 11 June 2020
To: City of Kenai Planning Dept.
Attn: Elizabeth Appleby, AICP, City Planner
From: Cody McLane, PE
Project: SOAR International Ministries
Re: Lease Development Incentive Cost Estimate Review
Elizabeth,
SOAR International Ministries is proposing to upgrade civil infrastructure on COK lease
lots 2 and 3, block 5 General Aviation Apron. Proposed improvements include the
construction of a non-frost-susceptible (NFS) gravel embankment suitable for operations
as shown in attachment A. Approximate area is 2,000 sf based on KPB GIS mapping
software area function. The embankment will extend to perimeter property lines and
encompass all remaining parcel area not already developed. SOAR has received a cost
proposal from Steam On Wheels, LLC to construct proposed improvements for
$140,000.00.
Scope of work includes:
Mobilization and demobilization of equipment and supplies
Clearing and grubbing
Removal of unsuitable silt overburden
Construction of non-frost-susceptible gravel embankment just below finish
floor of existing building on parcels
Utility investigation and avoidance
Traffic Control and signage
Construction staking
Miscellaneous work
Steam On Wheels dug (3) test holes onsite and indicated that the average overburden
depth is 3 feet and that finish floor of the onsite building is approximately 6 to 12 inches
above grade of proposed expansion area. Based on GIS derived area of 28,000 SF, I
calculate approximately 3,110 CY of unsuitable excavation and 3,630 CY of compacted
gravel borrow will be necessary to construct the embankment as described. Based on
typical local construction costs I would expect the project to cost the following:
Page 141
McLANE SOAR International Ministries Cost Review
CONSULTING, INC. Page 2 of 2
P.O. Box 468 Soldotna, Alaska 99669 (907) 283-4218 Fax (907) 283-3265
Email crmclane@mclanecg.com
Mobilization: $12,000.00
Clearing and Grubbing: $8,000.00
Unclassified Excavation: $7 to $9 per CY $25,000.00
NFS Gravel Borrow: $20 to $24 per CY $80,00.00
Utilities: $2,500.00
Traffic Control: $2,000.00
Construction Surveying: $2,000.00
Miscellaneous work: $5,000.00
Total Cost: $136,500.00
Based on the above Engineer’s Estimate I believe the agreement between Steam On
Wheels and Soar International Ministries for $140,000.00 is reasonable given typical
variance in construction costs for each project.
Please feel free to contact me if you have any questions or comments.
Sincerely,
Cody R. McLane, P.E.
Principal
McLane Consulting, Inc.
6/11/2020
Attachments:
Map with anticipated embankment construction area
Page 142
0.0
NAD_1983_StatePlane_Alaska_4_FIPS_5004_Feet
Miles0.0
Notes
Legend
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable. Do not use for navigation.
0.020
Map Title
Coordinate System:
DATE PRINTED:6/11/2020
Township Lines
Section Lines
Parcels
Page 143
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-50
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN IN-KIND MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF
THE ARMY FOR DESIGN WORK PRIOR TO EXECUTION OF A DESIGN AGREEMENT FOR
THE KENAI BLUFF STABILIZATION PROJECT.
WHEREAS, the Kenai Bluff Stabilization Project has been a top priority of the City of Kenai for at
least the last 40 years; and,
WHEREAS, on September 21, 2011 the Kenai City Council passed Resolution 2011-67
authorizing the City Manager to enter into an agreement with the United States Army Corps of
Engineers to complete a feasibility study of the project; and,
WHEREAS, on April 10, 2019, the Director’s Report, approving the feasibility study and allowing
the project to move into the Pre-construction Engineering and Design (PED) phase of the project
was provided by the United State Army Corps of Engineers; and,
WHEREAS, while the City continues to pursue a PED agreement to allow design of the project to
commence with full participation from the United States Army Corps of Engineers the City also
pursued an agreement with the United States Army Corps of Engineers for design work prior to
execution of the PED agreement, an agreement that is authorized under Section 221(a)(4) of the
Flood Control Act of 1970, as amended (221 MOU); and,
WHEREAS, the 221 MOU allows the City to conduct in-kind work that is integral to the project,
such as engineering and design, real estate, economic and environmental analyses, and
evaluation costs; supervision and administration costs; and documented incidental costs
associated with providing the work; and,
WHEREAS, conducting this work under the 221 MOU allows work to begin on the project during
this construction season, in anticipation of finalizing the PED Agreement towards the end of 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute an in-kind memorandum of
understanding with the United States Army Corps of Engineers for design work prior to execution
of a design agreement for the Kenai Bluff Stabilization Project.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2020.
Page 144
Resolution No. 2020-50
Page 2 of 2
_____________________________________________________________________________________
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 145
IN-KIND MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEPARTMENT OF THE ARMY
AND THE
CITY OF KENAI, ALASKA
FOR DESIGN WORK
PRIOR TO EXECUTION OF
A
DESIGN AGREEMENT
FOR THE
KENAI BLUFFS BANK STABILIZATION PROJECT
THIS IN-KIND MEMORANDUM OF UNDERSTANDING (hereinafter the “In-Kind
MOU”) is entered into this ________ day of ________, ____, by and between the Department of
the Army (hereinafter the “Government”), represented by the District Commander for Alaska
District (hereinafter the “District Commander”) and the City of Kenai, Alaska (hereinafter the
“Non-Federal Interest”), represented by the City Manager.
WITNESSETH, THAT:
WHEREAS, Section 221(a)(4) of the Flood Control Act of 1970, as amended (42 U.S.C.
1962d-5b(a)(4)), provides that a cost sharing agreement may provide credit for the value of
materials or services provided before the execution of such cost sharing agreement if the
Secretary and the non-Federal interest enter into an In-Kind MOU under which the non-Federal
interest shall carry out such work and only work carried out following the execution of such In-
Kind MOU shall be eligible for credit;
WHEREAS, the Non-Federal Interest understands and acknowledges that any credit for
eligible in-kind contributions will be afforded only toward the required non-Federal contribution
of funds (i.e. cash contribution) under the Design Agreement for the project or separable element
thereof; and
WHEREAS, by letter dated May 19, 2020, the Non-Federal Interest stated its intent to
provide certain design work (hereinafter the “Design Work”, as defined in Paragraph 1 of this In-
Kind MOU) prior to the execution of the Design Agreement for the Kenai Bluffs Bank
Stabilization Project at Kenai, Alaska.
NOW, THEREFORE, the parties agree as follows:
1. The Non-Federal Interest shall provide the Design Work in accordance with the terms and
conditions of this In-Kind MOU and requirements of applicable Federal laws and implementing
regulations. The Design Work shall consist of, performance of design of all of the Federal
project, including data collection related to design work as generally described in the letter from
the Non-Federal Interest.
Page 146
2
2. The Non-Federal Interest shall keep books, records, documents, and other documentation of
costs and expenses incurred for the Design Work in accordance with this In-Kind MOU. The
value of the Design Work shall be equivalent to the costs, documented to the satisfaction of the
Government, that the Non-Federal Interest incurred to provide the Design Work. Such costs may
include, but are not necessarily be limited to: engineering and design, real estate, economic and
environmental analyses, and evaluation costs; supervision and administration costs; and
documented incidental costs associated with providing the Design Work, but shall not include
any costs associated with betterments, as determined by the Government. Appropriate
documentation includes invoices and certification of specific payments to contractors, suppliers,
and the Non-Federal Interest’s employees.
3. The Non-Federal Interest understands that eligibility for credit for the Design Work is subject
to:
a. A determination by the Division Commander for Pacific Ocean Division that the
Design Work is integral to the project;
b. Review and verification by the Government that the Design Work was accomplished
in a satisfactory manner and in accordance with applicable Federal laws, regulations, and
policies; and
c. An audit by the Government to determine the reasonableness, allocability, and
allowability of such costs.
4. The Non-Federal Interest understands further that:
a. No interest charges or adjustment will be applied to the costs incurred for the Design
Work to reflect changes in price levels ;
b. Federal program funds may not be used to meet any of its obligations under this In-
Kind MOU unless the Federal agency providing the funds verifies in writing that the funds are
authorized to be used for the project. Federal program funds are those funds provided by a
Federal agency, plus any non-Federal contribution required as a matching share therefor;
c. Only the costs of the Design Work that do not exceed the Government’s estimate of
the cost of such work if the work had been accomplished by the Government are eligible for
credit;
d. No credit will be provided for the value of Design Work obtained at no cost to the
Non-Federal Interest or performed prior to the effective date of this In-Kind MOU;
e. Crediting for the costs of the Design Work may be withheld, in whole or in part, as a
result of the Non-Federal Interest’s failure to comply with the terms of this In-Kind MOU; and
f. Credit may be afforded only if a Design Agreement is executed subsequently by the
Government and the Non-Federal Interest.
Page 147
3
5. In the exercise of their respective rights and obligations under this In-Kind MOU, the
Government and the Non-Federal Interest each act in an independent capacity, and neither is to
be considered the officer, agent, or employee of the other.
6. Execution of this In-Kind MOU does not constitute, represent, or imply any Federal assurance
or commitment regarding approval of the project or execution of any future agreement that may
include provisions for affording credit for Design Work undertaken under this In-Kind MOU. In
addition, execution of this In-Kind MOU in no way prevents the Government from modifying
the project even if it results in the Design Work provided by the Non-Federal Interest no longer
being an integral part of the project.
7. Nothing herein shall constitute, represent, or imply any commitment to budget or appropriate
funds for the project in the future; and nothing herein shall represent, or give rise to, any duty,
obligation, or responsibility for the United States. Any activity undertaken by the Non-Federal
Interest for the Design Work is solely at the Non-Federal Interest’s own risk and responsibility.
8. Notices.
a. Any notice, request, demand, or other communication required or permitted to be given
under this In-Kind MOU shall be deemed to have been duly given if in writing and delivered
personally or mailed by registered or certified mail, with return receipt, as follows:
If to the Non-Federal Interest:
City of Kenai, Alaska
Attn: City Manager
210 Fidalgo Avenue
Kenai, Alaska 99611-7796
If to the Government:
U.S. Army Corps of Engineers, Alaska District
Attn: District Engineer
PO Box 6898
JBER, Alaska 99506-0898
b. A party may change the recipient or address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this paragraph.
9. This In-Kind MOU may be modified or amended only by written, mutual agreement of the
parties.
Page 148
4
IN WITNESS WHEREOF, the parties hereto have executed this In-Kind MOU, which
shall become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY THE CITY OF KENAI ALASKA
BY: __________________________ BY: __________________________
DAVID R. HIBNER PAUL OSTRANDER
Colonel, U.S. Army City Manager
District Commander
DATE: _________________________ DATE: ________________________
Page 149
CERTIFICATE OF AUTHORITY
I, Scott Bloom, do hereby certify that I am the principal legal officer for the CITY
OF KENAI, ALASKA, that the CITY OF KENAI, ALASKA is a legally constituted public
body with full authority and legal capability to perform the terms of the In-Kind
Memorandum of Understanding for Design Work Prior to Execution of a Design
Agreement between the Department of the Army and the CITY OF KENAI, ALASKA in
connection with the KENAI BLUFFS BANK STABILIZATION PROJECT, and to pay
damages, if necessary, in the event of the failure to perform in accordance with the terms of
this Memorandum of Understanding , as required by Section 221 of Public Law 91-611, as
amended (42 U.S.C. 1962d-5b), and that the person who executed this Memorandum of
Understanding on behalf of the CITY OF KENAI, ALASKA acted within his statutory
authority.
IN WITNESS WHEREOF, I have made and executed this certification this
______________ day of _____________ 20___.
____________________________
SCOTT BLOOM
City Attorney
Page 150
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
__________________________
PAUL OSTRANDER
CITY MANAGER
DATE: ______________________________
Page 151
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: June 11, 2020
SUBJECT: Resolution 2020-50 – In-kind MOU with the Army Corps of Engineers in
support of the Kenai Bluff Stabilization Project
The City of Kenai has been pursuing the Kenai Bluff Stabilization Project for at least 40 years. It
is a critical first step in the revitalization of Old Town Kenai, an area of cultural and historical
significance to Alaska. Preservation and development efforts have been restrained in this area
due to the consistent erosion of the nearby bluff. Stabilization of this bluff will eliminate uncertainty
and allow for investment in businesses, residences, and public parks and recreation areas.
Beyond Old Town, this project makes the statement that the City of Kenai is a worthy investment.
With Federal, State, and Local monies being utilized to construct this project, all levels of
government are investing towards a vibrant and stable Kenai that can preserve its cultural identity
as well as fulfill its potential as a hub of tourism, fishing, and business development.
The benefits of this project are significant, including stabilization of 31 bluff parcels and saving 27
structures including the senior center and senior housing complex. Roads and other valuable
infrastructure will be saved. It will protect against cultural vulnerability such as the loss of historical
and archaeological sites, and it will provide residents of Old Town Kenai and visitors who frequent
the bluffs greater safety.
While the City continues to pursue a PED agreement to allow design of the project to commence
with full participation from the United States Army Corps of Engineers the City also pursued an
agreement with the United States Army Corps of Engineers for design work prior to execution of
the PED agreement, an agreement that is authorized under Section 221(a)(4) of the Flood Control
Act of 1970, as amended (221 MOU).
This resolution authorizes the City Manager to execute an in-kind memorandum of understanding
with the United States Army Corps of Engineers for design work prior to execution of a design
agreement for the Kenai Bluff Stabilization Project.
Your consideration is appreciated.
Page 152
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: JUNE 17, 2020
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
PERS PERS VARIOUS LIABILITY 96,154.50
ENSTAR NATURAL GAS GAS USAGE VARIOUS UTILITIES 23,886.05
INTEGRITY JANITORIAL MAY SERVICE AT CITY HALL NON-DEPT. REPAIR & MAINTENANCE 1,389.00
PRECIOUS JANITORIAL MAY SERVICE AT TERMINAL AIRPORT REPAIR & MAINTENANCE 4,495.00
PRECIOUS JANITORIAL MAY SERVICE AT POLICE POLICE REPAIR & MAINTENANCE 978.00
PREMERA BLUE CROSS JUNE PREMIUM VARIOUS LIABILITY 206,411 .18
INVESTMENTS
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int.
Page 153
FISCAL YEAR 2021
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: JUNE 17, 2020
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
CAS ELLE FY21 SOFTWARE S UPPORT FINANCE SOFTWARE 28 ,044.00
SADLER PROPERTY MANAGEMENT CONTRACTOR'S FEE 7 /1/20-1 0/1 /20 VINTAGE POIN TE PROF . SERVICES 20,71 5.00
INGRAM LIBRARY SERVICES FY21 LIBRARY MATERIALS LIBRARY BOOKS 4 0 ,000 .00
SYSTEMS DESIGN WEST FY21 AMBULANCE BILLING FIRE PROFESSIONAL SERVI CES 21,000.00
CROWLEY FUEL FY21 DIESEL FUEL AIRPORT OPERATING SUPPLIES 51,8 00 .00
GUARDIAN SECURITY FY21 SECURITY SERVICES AIRPORT REPAIR & MAINTEN C E 4 0,000 .00
BOYS & GIRLS CLUB FY21 REC CENTER FACILITY MGMT. RECREATION PROFESSIONAL S ERVICES 130 ,000 .00
Page 154
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 10, 2020
SUBJECT: Purchase Order Over $15,000
The City utilizes Caselle, Inc. for its ERP system. Caselle provides annual support and software
upgrades at a cost of $28,044 after a $1,476 discount for paying annually. This support can only
be provided by Caselle and non-payment would leave the City without critical support.
Your support is respectfully requested.
Page 155
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: June 4, 2020
SUBJECT: Purchase Order to Sadler Property Management
The purpose of this memo is to request approval of the purchase order in the amount of $20,715
to Sadler Property Management (Contractor) for July, August and September 2020. The
Contract for the Property Management for Vintage Pointe Manor expires on October 1, 2020.
This purchase order will cover the remaining months of the contract.
Thank you for your consideration.
Page 156
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: June 3, 2020
SUBJECT: Purchase Order Over $15,000
Resolution No. 2019-11, effective February 6, 2019, awarded a three year agreement to Ingram
Content Group for the purchase of library materials and states that the city manager is authorized
to issue a purchase order in the amount of $40,000.00 per full fiscal year through the remainder
of the agreement.
The purpose of this correspondence is to request approval of a purchase order of $40,000 to
Ingram Content Group for the purchase of library materials in FY 21.
Thank you for your consideration.
Page 157
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: June 10, 2020
SUBJECT: Purchase Order for Systems Design West
The purpose for this memo is to request approval of the purchase order to Systems Design
West for ambulance billing services for FY21.
$21,000 for FY21 (contract term 7/1/2018 through 6/30/2021)
Thank you for your consideration.
Page 158
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: June 8, 2020
SUBJECT: FY21 Purchase Orders Over $15,000
The purpose of this memo is to identify the fiscal year 2021 purchase orders over $15,000 for the
Airport:
$52,000 Crowley Fuel (contract term 7/1/2018-6/30/2021)
• Fuel for equipment, ARFF trucks, and airfield generators
$40,000 Guardian Security (contract term 3/1/2016-2/28/2021)
• Security services for terminal and airfield 7 days a week
Thank you for your consideration.
Page 159
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: June 10, 2020
SUBJECT: Purchase Order Exceeding $15,000
Purpose of this memorandum is to request approval of a purchase order in the amount of
$130,000 to the Boys & Girls Club of the Kenai Peninsula, Inc. for management and operation
services at the Kenai Recreation Center. Sufficient funds were budgeted in the FY21 budget.
Thank you for your consideration.
Page 160
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 12, 2020
SUBJECT: Action Approval for Moosemeat John Cabin Special Use Permit
The Kenai Chamber of Commerce and Visitor Center has requested a Special Use Permit to use
and operate the Moosemeat John Cabin located on approximately 10,000 square feet (100 feet
x 100 feet) of Lot 1, Gusty Subdivision No. 8, a City-owned parcel upon which the Kenai Visitor
and Cultural Center is also located. Since 2013, the Kenai Chamber of Commerce and Visitor
Center has allowed the use of the Moosemeat John Cabin during the summer months by the
Kenai Historical Society in conjunction with its operations in Old Town Kenai. The Kenai Chamber
of Commerce operated on the premises from 1977 until 2012. In 2012, the Kenai Chamber of
Commerce merged with the Kenai Convention and Visitor’s Bureau to form the new entity, “Kenai
Chamber of Commerce and Visitor Center”.
A Special Use Permit that was granted for the use of the Moosemeat John Cabin for twelve
months between August 2019 and July 2020 will expire soon. The Kenai Chamber of Commerce
and Visitor Center would like a Special Use Permit for the same use of the Moosemeat John
Cabin for August 2020 to July 2021. The Kenai Chamber of Commerce and Visitor Center
complied with the terms of the Special Use Permit for the Moosemeat John Cabin for previous
years of issuance.
If the City Council approves the attached Special Use Permit with Kenai Chamber of Commerce
and Visitor Center for the Moosemeat John Cabin, the City Manager will sign the Special Use
Permit granting the continued use of the cabin by the Kenai Chamber on behalf of the City.
Thank you for your consideration.
ATTACHMENTS
1. Special Use Permit
2. Aerial Map
3. Lease Assignment Application
Page 161
Special Use Permit – 2020
Kenai Chamber of Commerce & Visitor Center Moosemeat John Cabin Page 1 of 5
SPECIAL USE PERMIT
The CITY OF KENAI (City), for the consideration, and pursuant to the conditions set out below,
hereby grants the Kenai Chamber of Commerce and Visitor Center (PERMITTEE) the right to use
the Premises, identified on the attached Exhibit A to this Permit, and described as:
The southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addition No. 8, Kenai
Recording District, according to Plat No. 91-9,
to use and operate the “Moosemeat John” Cabin.
1. Use/Term. Permittee shall have use of the Premises on the 31st day of July 2020 through
the 30th day of July 2021.
2. Fee. The Permittee shall not be charged a fee for the use or privilege specified herein.
3. No Exclusivity. The use by the Permittee of the Premises is limited to the purposes
specified herein and is not intended to grant any exclusive use to the described Premises
except as otherwise provided herein. This use is also 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.
4. Improvements. Permittee shall not make any permanent improvements to the Premises.
5. Preparation of Premises. It is Permittee’s responsibility to prepare the Premises and to
assure itself to its own satisfaction that the Premises are safe for its purposes. The City
does not make any warranty or guaranty of the suitability of the Premises for Permittee’s
intended purposes.
6. Trash and Debris. The Premises must be returned to its original condition at the end of
each use. Clean up and/or repair charges beyond normal wear and tear will be billed to
Permittee based upon cost of repair. Debris and trash shall be collected and removed from
the Premises by Permittee. Permittee shall alert City (Parks and Recreation Department)
of unsightly, unsanitary, dirty or other conditions on the Premises which exist prior to
Permittee’s use.
7. No Alcohol or Illegal Substances. No possession or consumption of alcoholic beverages,
marijuana or illegal substances is permitted on the Premises.
8. 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.
9. Personalty. Any or all personal property placed or used upon lands or in facilities may be
removed and/or impounded by the City, and when so removed and/or impounded, such
property may be redeemed by the owner thereof only upon the payment to the City of the
costs of removal plus storage charges of $25 per day. The City of Kenai is not responsible
for any damage to or theft of any personalty of Permittee or its invitees to the Premises.
Page 162
Special Use Permit – 2020
Kenai Chamber of Commerce & Visitor Center Moosemeat John Cabin Page 2 of 5
10. Assumption of Risk. Permittee assumes full control and sole responsibility as between
Permittee and City for the activities of Permittee, its personnel, employees, and persons
acting on behalf of or under the authority of the Permittee anywhere on the
Premises. 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.
11. No Waiver. Failure to insist upon a strict compliance with the terms, conditions, and
requirements 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. Insurance. Permittee shall secure and keep in force adequate insurance, as stated below,
to protect City and Permittee. Where specific limits are stated, the limits are the minimum
acceptable limits. If Permittee’s insurance policy contains higher limits, City is entitled to
coverage to the extent of the higher limits.
A. Commercial General Liability Insurance, including Premises, all operations, property
damage, personal injury and death, broad-form contractual, with a per-occurrence limit of not
less than $1,000,000 combined single limit. The policy must name the City as an additional
insured.
B. Worker’s Compensation Insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee is further
responsible to provide Worker’s Compensation Insurance for any subcontractor who directly
or indirectly provides services to Permittee under this Permit.
C. All insurance required must meet the following additional requirements:
i. All policies will be by a company/corporation currently rated “A-” or better by
A.M. Best.
ii. Permittee shall submit to the City proof of continuous insurance coverage in
the form of insurance policies, certificates, endorsements, or a combination
thereof, and signed by a person authorized by the insurer to bind coverage
on its behalf.
iii. Permittee shall request a waiver of subrogation against City from Permittee’s
insurer and the waiver of subrogation, where possible, shall be provided at
no cost to City.
iv. Provide the City with notification at least thirty (30) days before any
termination, cancellation, or material change in insurance coverage of any
policy required hereunder.
v. Evidence of insurance coverage must be submitted to City prior to any use.
Page 163
Special Use Permit – 2020
Kenai Chamber of Commerce & Visitor Center Moosemeat John Cabin Page 3 of 5
City may increase the amount or revise the type of required insurance on written demand
without requiring amendments to this Permit. City will base any increase or revision on
reasonable and justifiable grounds. Within two weeks of the written demand, Permittee shall
submit to City evidence of insurance coverage that meets the requirements of the City.
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. Contact Information. The Contact information for the Permittee, and the person in
responsible charge for Permittee during the term of the Permit, for purposes of notice and
all communications from City to Permittee is:
Johna Beech
President/Chief Operating Officer
Kenai Chamber of Commerce & Visitor Center
11471 Kenai Spur Hwy.
Kenai, AK 99611
15. Indemnity, Defend, and Hold Harmless Agreement: Permittee agrees to fully indemnify,
defend, and hold harmless, the City of Kenai, its officers, agents, employees, and volunteers
from and against all actions, damages, costs, liability, claims, losses, judgments, penalties,
and expenses of every type and description, including any fees and/or costs reasonably
incurred by the City’s staff attorneys and outside attorneys and any fees and expenses
incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to
which any or all of them may be subjected, to the extent such Liabilities are caused by or
result from any negligent act or omission or willful misconduct of the Permittee in connection
with or arising from or out of Permittee’s activities on or use of the Premises. This shall be
a continuing obligation and shall remain in effect after termination of this Permit.
16. Authority. By signing this Permit, Permittee represents that it has read this agreement and
it agrees to be bound by the terms and conditions herein and that the person signing this
Permit is duly authorized by the organization to bind the organization hereunder.
CITY OF KENAI KENAI CHAMBER OF COMMERCE &
VISITOR CENTER
By:____________________________ By:_______________________________
Paul Ostrander Date ____________________(Title) Date
City Manager
Page 164
Special Use Permit – 2020
Kenai Chamber of Commerce & Visitor Center Moosemeat John Cabin Page 4 of 5
ACKNOWLEDGMENTS
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2020, 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:
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____day of ________, 2020, the foregoing instrument
was acknowledged before me by (Title) on behalf of
_________________________.
Notary Public for Alaska
My Commission Expires:
Page 165
Special Use Permit – 2020
Kenai Chamber of Commerce & Visitor Center Moosemeat John Cabin Page 5 of 5
ATTEST:
Jamie Heinz, CMC, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 166
MAIN ST
KENAI SPUR HWYFRONTAGE RDMAIN STREET LOOP RD.Date: 5/28/2020The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.Moosemeat John CabinSpecial Use PermitSoutheast 100 ft x 100 ftportion of Lot 1, Gusty Subd, Addition No. 8Exhibit A05025 FeetPage 167
K~NAI
City of Kena i
Special Use Permit
Application
!Application Date: I May 27, 2020 I
-----~---------------------------------------------------
' Applicant Information I
---
Name of Applicant: Kenai Chamber of Commerce & Visitor Center
Mailing Address: 11471 Kenai Spur Hwy I city: Kenai !state: IAK !zip Code:j 99611
Phone Number{s): Home Phone: ( ) Work/ Message Phone: { )907 283 3127
E-mail: (Optional) johna@kenaichamber.org
Name to Appear on Permit: I Kenai Chamber of Commerce & Visitor Center
Mailing Address : 11471 Kenai Spur Hwy jcity: Kenai !state: IAK lzip Code:l 99611
Phone Number(s): Home Phone : ( ) Work/ Message Phone : ( )907 283 3127
E-mail: (Optional) johna@kenaichamber.org
Type of Applicant: 0 Individual (at least 18 years of age) 0 Partnership ~ Corporation D Government
D Limited Liabili Com an ty p y { LLC D Other
c===--~-----·------~-·--------------------,
Property Information -,
--------------------------~~--------. -_____ ____J
Legal or physical description of the property:
Southeast 100 foot x 100 foot portion of Lot 1, Gusty Subdivision, Addit ion No . 8
Description of the proposed business or activity intended: Moosemeat John Cabin
Is the area to be used in front of or immediately adjacent to any established business offering
the same or sim ilar products or services upon a fixed location? DYES ii NO
Would the use under this permit interfere with other businesses through excessive noise,
odor, or other nuisances? DYES ii NO
If you answered yes to any of the above questions, please explain :
~\..\.\~ ..)\'
I
What is the term requested (not to exceed one year)?~ 2020 -July 30, 2021
Requested Startin g Date: August 1, 2020
Signature: ILVu(A Q Date: May 27, 2020
/. PresidenUCOO Print Name: Johna Beech Title:
For City Use Only: Date Application Fee Received : ID lo.. Id.fl
•General Fund O Airport Reserve Land City Counci@!Resolution : c n I n /";.IT'\
0 Airport Fund 0 Outside Airport Reserve Account Number:
\
Page 168
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3136-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL AND THE PUBLIC
SAFETY CAPITAL PROJECT FUNDS AND AUTHORIZING THE SOLE SOURCE PURCHASE
AND INSTALLATION OF UPDATED RADIO CONSOLES FOR THE CITY OF KENAI DISPATCH
CENTER.
WHEREAS, City of Kenai applied for a grant under the Department of Homeland Security SHSP
grant program in January of 2019 for the Kenai Dispatch Base Radio System Replacement and
was awarded partial funding for the project in the amount of $393,000; and,
WHEREAS, due to the partial funding of the project through the grant, work has been done to
divide the project into two phases with the first phase closely approximating the current grant
funding available; and,
WHEREAS, the City has received quotes for the project from Motorola Solutions and Procomm
Alaska in the amount of $380,000 and $22,269 respectively, which requires a City match of $9,269
in order to complete the funding of phase one of the project; and,
WHEREAS, as provided below there are a number of reasons to accept this project as a ‘Sole
Source’ through Motorola Solutions and Procomm Alaska; and,
WHEREAS, the Kenai Dispatch Center is equipped with Motorola radio equipment and this project
which is divided into phases only replaces the radio consoles that will still integrate with the
Motorola radios and consolettes, which won’t be replaced until phase two; and,
WHEREAS, the grant application and funding was predicated on Kenai being a more fully
functioning backup-up dispatch center for the Soldotna Public Safety Communications Center
that is fully utilizing the Motorola 7500 radios and in order to fully meet the stated intent of the
project and provide for continuity of operations the Kenai Dispatch Center will be best served by
operating the same equipment; and,
WHEREAS, the equipment portion of the project cost is determined by the Cooperative
Purchasing Program of the Houston-Galveston Area Council of Governments (HGAC) contract
RA-05-15; and,
WHEREAS, Motorola Solutions is the only source of Motorola dispatch console radios, and they
are working with Procomm Alaska, which is the only source in Alaska for government installation
of those radios for Motorola; and,
Page 169
Ordinance No. 3136-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, the Kenai dispatch center has long utilized Motorola radios with very few problems
that have always been able to be addressed in a timely manner by an in-State vendor, Procomm
Alaska; and,
WHEREAS, a “Sole Source Procurement Method” for this project has been approved by the
granting authority for both the Motorola Solutions’ and Procomm Alaska portions of the project;
and,
WHEREAS, KMC 7.15.070(b)(1) allows the City of Kenai to purchase equipment without giving
an opportunity for competitive bidding if the equipment can only be furnished by a single dealer
or which has a uniform price wherever bought.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $9,269
Increase Appropriations –
Transfer to Public Safety Capital Project Fund $9,269
Public Safety Capital Project Fund:
Increase Estimated Revenues –
Transfer from General Fund $9,269
Increase Appropriations –
Machinery & Equipment $9,269
Section 2. That pursuant to KMC 7.15.070 (b) (1) the City Manager is authorized to execute
sole-source purchase agreements with Motorola Solutions and Procomm Alaska for the purchase
and installation of updated radio consoles in the City of Kenai Dispatch Center in the amounts of
$380,000 and $22,269 respectively.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
Page 170
Ordinance No. 3136-2020
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 171
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 5, 2020
SUBJECT: Ordinance No. 3136-2020 Dispatch Radio Project
The police department applied for a grant under the Department of Homeland Security SHSP
grant program in January of 2019 for the Kenai Dispatch Base Radio System Replacement and
was awarded partial funding for the project in the amount of $393,000. Those grant funds were
accepted and appropriated by the City Council in ordinance 3093-2019.
Since those grant funds were only about two thirds of what was needed to complete the project,
we have worked with Motorola Solutions and Procomm Alaska to divide the project into two
phases, with the first phase closely approximating the available grant funding. At the same time
we are seeking additional grant funding for phase two. The total cost of phase one is $402,269,
which will require a $9,269 match by the City that is requested with this ordinance.
Further, this ordinance requests approval to conduct the project as a sole source without
competitive bidding. The reasons for that are laid out in the ordinance as follows: 1) The Kenai
Dispatch Center is fully equipped with Motorola radio equipment and this project which is divided
into phases only replaces the radio consoles that will still integrate with the Motorola radios and
consolettes, which won’t be replaced until phase two. 2) The grant application and funding was
predicated on Kenai being a more fully functioning backup-up dispatch center for the Soldotna
Public Safety Communications Center that is fully utilizing the Motorola 7500 radios and in order
to fully meet the stated intent of the project and provide for continuity of operations the Kenai
Dispatch Center will be best served by operating the same equipment. 3).The equipment portion
of the project cost is determined by the Cooperative Purchasing Program of the Houston-
Galveston Area Council of Governments (HGAC) contract RA-05-15. 4) Motorola Solutions is the
only source of Motorola dispatch console radios, and they are working with Procomm Alaska,
which is the only source in Alaska for government installation of those radios for Motorola. 5) The
Kenai dispatch center has long utilized Motorola radios with very few problems that have always
been able to be addressed in a timely manner by an in-State vendor, Procomm Alaska.
I am respectfully requesting consideration of the ordinance appropriating the additional funds
required for the project and approval of the ‘Sole Source’ procurement.
Page 172
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3137-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL AND MUNICIPAL
ROADWAY IMPROVEMENTS CAPITAL PROJECT FUNDS TO PROVIDE MATCHING FUNDS
TO THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
TO CONSTRUCT A PEDESTRIAN PATH FROM THE KENAI SPUR HIGHWAY TO BEAVER
LOOP ALONG BRIDGE ACCESS ROAD UTILIZING RESTRICTED GENERAL FUND, FUND
BALANCE.
WHEREAS, an Alaska Transportation Alternatives Program grant in the amount of $2,181,669
has been allocated for the construction of 1.2 miles of pedestrian path beginning at the
intersection of the Kenai Spur Highway and Bridge Access Road and terminating at the
intersection of Beaver Loop and Bridge Access Road; and,
WHEREAS, the grant requires a local match which at this time is estimated to be $216,560, but
may increase or decrease as the project is developed and bid; and,
WHEREAS, restricted General Fund, Fund Balance proceeds, received from land and subsurface
mineral rights donated to the City by the Daubenspeck family and accepted by the City via
Resolution 80-178, is available to meet the City’s estimated match; and,
WHEREAS, the use of proceeds derived from the Daubenspeck family donation for construction
of a bike path is consistent with the donation’s conditions of use and prior City uses of the funds;
and,
WHEREAS, providing a link from the newly constructed Beaver Loop bike path into the heart of
Kenai will enhance the network of trails and bike paths in the City, provide greater recreational
opportunities for residents of and visitors to the City, and is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to execute an agreement with the Alaska
Department of Transportation and Public Facilities in the amount of $2,398,229 for the
construction of 1.2 miles of pedestrian path beginning at the intersection of the Kenai Spur
Highway and Bridge Access Road and terminating at the intersection of Beaver Loop and Bridge
Access Road.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Page 173
Ordinance No. 3137-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Appropriation of Restricted Fund Balance –
Proceeds from Daubenspeck Family Donation $216,560
Increase Appropriations –
Transfer to Municipal Roadway Capital Project Fund $216,560
Section 3. That the estimated revenues and appropriations be increased as follows:
Municipal Roadway Capital Project Fund:
Increase Estimated Revenues –
Transfer from General Fund $216,560
Increase Appropriations –
Construction $216,560
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 174
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 5, 2020
SUBJECT: Ordinance 3137-2020
The purpose of this memo is to provide supplemental information for Ordinance 3137-2020.
Ordinance 3137-2020 will appropriate the match needed for an Alaska Transportation Alternatives
Program (ATAP) grant in the amount of $2,181,669 that has been allocated for the construction
of 1.2 miles of pedestrian path beginning at the intersection of the Kenai Spur Highway and Bridge
Access Road and terminating at the intersection of Beaver Loop and Bridge Access Road. The
pedestrian pathway will be constructed by the Alaska Department of Transportation and Public
Facilities (DOT) and once complete the City will be responsible for its maintenance.
The proposed source of City funding for the $216,560 in match will be proceeds the City has
received from land and subsurface mineral rights donated to the City by the Daubenspeck family.
These funds are currently classified as restricted fund balance in the City’s General Fund because
of the restriction placed on the funds by the Daubenspeck’s at the time of donation. The
Daubenspeck donation, estimated to be $3,000,000 at the time of donation, was accepted by the
City via Resolution 80-178 which contained the following language:
“BE IT FURTHER RESOLVED that the City honor the request of Mr. & Mrs. Daubenspeck that
the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income
therefrom, from Tracts C, D, and E of the Daubenspeck Property Subdivision as well as from
Alaska Tidelands Survey No. 98, are to be dedicated to athletic programs sponsored by the City
of Kenai. The distribution of such funds will be at the full and sole discretion of the City Council
of the City of Kenai, Alaska, to the Parks & Recreation Commission or such other City agency or
city official as the City Council may from time to time authorize to use such distributions.”
Prior uses of these funds by the City have been to fund the purchase of mowing equipment for
the Parks and Recreation Department, the purchase of playground equipment, construction of
the Kenai Multipurpose Facility, construction of the Kenai Soccer Complex, refinishing the gym
floor at the Kenai Recreation Center, and other recreation related expenditures. To date the City
has expended $2,009,530.58 in Daubenspeck proceeds and the balance of the funds through
May 31, 2020 was $780,333.63.
Page 175
Page 2 of 2
Construction of a pedestrian pathway will provide enhanced recreational opportunities for the
citizens and visitors of Kenai and the use of Daubenspeck proceeds for this construction is
consistent with past used of the funds and consistent with the request of the Daubenspeck’s.
Council may consider dedicating the newly constructed pedestrian pathway in the name of the
Daubenspeck’s as it will not only be funded with proceeds from the family’s donation but will also
run adjacent to the donated property.
The match amount of $216,560 is DOT’s best estimate at this time. This amount could increase
or decrease as the project is designed or constructed. Any increase in the required local match
will require a supplemental appropriation by Council through an Ordinance. The use of
Daubenspeck proceeds will decrease the City’s General Fund Fund Balance but will have no
negative impact on the City’s Fund Balance Policy.
Page 176
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3138-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING FISCAL
YEAR 2020’S ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT LAND
SALE PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED
AMOUNTS TO THE CITY’S AIRPORT FUND.
WHEREAS, the allowable transfer amount of the Airport Land Sale Permanent Fund with a 2019-
year ending value of $26,117,403 is $928,251 based on a 3.8% draw on the funds five-year
average year-ending balance; and,
WHEREAS, the FY2020 budget transfer amount was $908,811 necessitating a supplemental
appropriation in the amount of $19,440 to facilitate the transfer of all allowable earnings in
FY2020; and,
WHEREAS, transferring the maximum amount per Kenai Municipal Code is in the best interest of
the Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Airport Land Sale Permanent Fund:
Increase Estimated Revenues –
Investment Earnings $19,440
Increase Appropriations –
Transfer to Airport Special Revenue Fund $19,440
Section 3. That this appropriating ordinance shall apply to the FY2020 City of Kenai Budget.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
Page 177
Ordinance No. 3138-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1 day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 178
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 8, 2020
SUBJECT: Ordinance 3138-2020
The purpose of this memo is to recommend adoption of Ordinance 3138-2020. Ordinance 3138-
2020 will appropriate an additional $19,440 in the Airport Land Sale Permanent Fund to transfer
to the Airport Special Revenue Fund for operations. The allowable FY2020 transfer is $19,440
more than was estimated at the time of budget adoption. Approval of this supplemental
appropriation will allow the policy maximum to be transferred for future use by the Airport.
Your support is respectfully requested.
Page 179
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3139-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT
RECOVERY FUND FOR A FEDERAL CARES ACT GRANT PASSED THROUGH THE STATE
OF ALASKA DEPARTMENT OF PUBLIC SAFETY FOR OVERTIME AND DIRECT
EXPENDITURES OF THE POLICE, FIRE, AND COMMUNICATIONS DEPARTMENTS OF THE
CITY FROM MARCH 16, 2020 THROUGH MAY 17, 2020.
WHEREAS, the State of Alaska Department of Public Safety (DPS) was awarded a federal grant
to assist with the enormous strain that the COVID-19 public health emergency is having on
Alaskan communities and under that grant DPS has made Coronavirus Emergency Supplemental
Funds (CESF) grants available to local public safety agencies; and,
WHEREAS, the City of Kenai applied for grant funds under the CESF program to cover Police,
Fire, and Dispatcher overtime related to COVID-19, in addition to other expenses by those
emergency services departments of the City that were directly related to COVID-19; and,
WHEREAS, the City’s emergency services departments expended overtime primarily related to
shift adjustments to minimize staff exposure to each other, but also due to some staff either being
quarantined or unable to return to work for shift due to COVID-19; and,
WHEREAS, the City’s emergency services departments also incurred some expenses directly
related to COVID-19 for supplies, online meeting software, and public relations signs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant in the amount of $50,262.04
Section 2. That the estimated revenues and appropriations in FY2020 be increased as
follows:
COVID-19 Cares Act Recovery Fund:
Increase Estimated Revenues –
Federal Grants $50,262.04
Increase Appropriations –
First Responder & Incident Management Team Payroll –
Overtime $39,589.48
PERS 8,709.68
Medicare 574.04
Workers’ Compensation 568.94
Page 180
Ordinance No. 3139-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Computer Software 148.67
Operating & Repair Supplies 361.23
Printing and Binding 310.00
$50,262.04
Section 3. That the City Manager is authorized to execute a grant agreement with the State
of Alaska Department of Public Safety FY2020 Coronavirus Emergency Supplemental Funding
Program and to expend the funds for its intended purpose.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 181
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 8, 2020
SUBJECT: Ordinance No. 3139-2020 CARES ACT Grant for Emergency Services
The State of Alaska Department of Public Safety (DPS) was awarded a federal grant to assist
with the enormous strain that the COVID-19 public health emergency is having on Alaskan
communities. Under that grant, DPS has made Coronavirus Emergency Supplemental Funds
(CESF) grants available to local public safety agencies.
The City of Kenai applied for those grant funds to cover the cost of COVID-19 related overtime
and other expenses. The primary driver of the overtime expenses was shift adjustments that
minimized staff exposure to each other, but also due to some staff being quarantined or unable
to return to work for shift due to COVID-19.
The City requested and was granted $49,442.14 in overtime cost reimbursement and $819.90 in
other miscellaneous expense reimbursement, all related to the Police, Fire, and Dispatch
Departments. This covers those costs for the time period of March 16 – May 17.
I am respectfully requesting consideration of the ordinance accepting and appropriating the public
safety grant funds for the purpose they were intended.
Page 182
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3140-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE PERSONAL USE FISHERY
SPECIAL REVENUE FUND TO PROVIDE SUPPLEMENTAL FUNDING FOR ADDITIONAL
PORTABLE RESTROOMS AND TO AWARD A CONTRACT TO PROVIDE DUMPSTERS,
PORTABLE RESTROOMS AND PORTABLE HAND WASH STATIONS FOR THE 2020 KENAI
RIVER PERSONAL USE FISHERY.
WHEREAS, the 2021 Budget was created with the hope of having new vault restrooms
constructed prior to the start of the personal use fishery; and,
WHEREAS, delays due to staffing and COVID-19 caused the design documents for bidding
purposes to not become available until June 10, 2020; and,
WHEREAS, it is now anticipated that the restrooms will not be completed until later in the season
and as such additional dumpsters and port-a-lets will need to be provided consistent with previous
years; and,
WHEREAS, in response to concerns with COVID-19 and to provide further protections to staff
and members of the community, the City will also be providing new hand wash stations at various
locations throughout the fishery the cost of which will come out of the COVID-19 recovery fund;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Personal Use Fishery Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $XX,XXX
Increase Appropriations –
Parks, Recreation & Beautification - Rentals $XX,XXX
Section 2. That the City Manager is authorized to execute a contract with XXXXXXX, the
lowest responsive bidder, to provide dumpsters, portable restrooms and portable hand wash
stations for the 2020 Kenai River Personal Use Fishery in the amount of $XX,XXX.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
Page 183
Ordinance No. 3140-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 184
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 12, 2020
SUBJECT: Recommended enactment of Ordinance 3140-2020.
This memo recommends enactment of Ordinance 3140-2020 increasing estimated revenues and
appropriations in the personal use fishery special revenue fund. As Council is aware the City
received a State Grant for improvements that would benefit the personal use fishery. Vault
Restrooms is a project that is pending release, however it is anticipated now that they will not be
operational in time for the fishery. As a result, and to maintain service levels of years past,
additional funding is necessary in FY2021 Budget to accommodate these services.
Project Bid documents for the vault restrooms were received on June 10, 2020 and the project is
expected to be advertised the week of June 15th. Installation of the restrooms should take place
in August / September. Council’s support is respectfully requested.
Page 185
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3141-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, VISITOR
CENTER DEPARTMENT AND AUTHORIZING AMENDMENT TO THE 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 for Facility Management Services at the Kenai Visitor and
Cultural Center with the Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVC) is due to
expire June 30, 2020; and,
WHEREAS, the City of Kenai 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 in 2019; and,
WHEREAS, the KCCVC was the successful proposer for management services for a three-year
term of July 1, 2019 through June 30, 2022 that may be extended for two successive one-year
terms by mutual consent of the parties; and,
WHEREAS, Resolution 2019-45 authorized a Facility Management Agreement with the KCCVC
for a one-year term beginning July 1, 2019 and ending on June 30, 2020; and,
WHEREAS, the KCCVC has managed the Kenai Visitor and Cultural Center since 2012 and
desires to continue providing management services to the community; and,
WHEREAS, the adopted FY2021 Budget included $95,000 for the facility management
agreement requiring supplemental funding of $10,000 for this agreement; and,
WHEREAS, inclusion of an additional $10,000 in the FY2021 Budget does not change compliance
with the General Fund, Fund Balance Policy; and,
WHEREAS, it is in the best interests of the City to enter into an amendment to extend the
agreement with the KCCVC for the operation and management of the Kenai Visitor and Cultural
Center to for a two-year term from July 1, 2020 through June 30, 2022 that may be extended for
two successive one-year terms by mutual consent of the parties for the annual fee of $105,000
adjusted annually based on the Anchorage Consumer Price Index (CPI).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Page 186
Ordinance No. 3141-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $10,000
Increase Appropriations – Visitor Center
Professional Services $10,000
Section 2. That the City Manager is authorized to execute an amendment to the Facility
Management Agreement with the Kenai Chamber of Commerce and Visitor Center, Inc., similar
to the attached amendment.
Section 3. That compensation for the Facility Management Services shall not exceed
$105,000 per year after adjustment based on the Anchorage Consumer Price Index (CPI).
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 187
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: June 10, 2020
SUBJECT: Ordinance 3141-2020 Visitor Center Facility Management Amendment
In 2019, the City solicited competitive proposals from contractors to provide management services
at the Kenai Visitor and Cultural Center and maintenance of the City’s permanent collection at the
Facility. The Kenai Chamber of Commerce and Visitor Center, Inc. (KCCVC) was the successful
proposer for a three-year term of July 1, 2019 through June 30, 2022 that may be extended for
two successive one-year terms by mutual consent. Resolution 2019-45 authorized a Facility
Management Agreement with the KCCVC for a one year term beginning July 1, 2019 and ending
June 30, 2019.
The Administration and the KCCVC worked together in early 2020 to propose an agreement that
would extend the contract for the remaining allowable term pursuant to the proposal terms at an
annual rate of $95,000. The FY 2021 budget adopted by the Council included $95,000 for
management services at the Kenai Visitor and Cultural Center. Due to anticipated increased
personnel costs on the part of the KCCVC, the KCCVC worked with Administration to propose an
annual fee of $105,000, which is in the best interests of the City and the KCCVC.
This ordinance appropriates an additional $10,000 for FY 2021 for management services at the
Kenai Visitor and Cultural Center and authorizes the City Manager to execute an amendment to
the Agreement for two years, beginning July 1, 2020 through June 30, 2022 that may be extended
for two successive one-year terms by mutual consent of the parties for the annual fee of $105,000
adjusted annually based on the Anchorage Consumer Price Index (CPI).
Your consideration is appreciated.
Page 188
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3143-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
GENERAL FUND ESTIMATED REVENUES AND APPROPRIATIONS BY $34,216 IN THE
GENERAL FUND, PARKS, RECREATION AND BEAUTIFICATION DEPARTMENT FOR AN
INCREASE OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF
ENVIRONMENTAL CONSERVATION FOR BACTERIA LEVEL MONITORING ON THE CITY’S
BEACHES FROM JULY 1, 2020 THROUGH MARCH 1, 2021.
WHEREAS, the City of Kenai has a current Beach Grant Agreement in place with the Alaska
Department of Environmental Conservation for 2020 bacteria level monitoring; and,
WHEREAS, the State of Alaska Department of Environmental Conservation is amending the grant
amount to allow for additional sampling at the mouth of the Kenai River which is required to build
an adequate database for future modeling efforts and will be provided through a cooperative
agreement with the Kenai Watershed Forum; and,
WHEREAS, bacteria levels during the testing period in the past have exceeded water recreation
standards as established by the State of Alaska Department of Environmental Conservation in
Register 226 that could pose a health risk to fishery participants and City residents utilizing the
beach; and,
WHEREAS, it is in the best interest of the City to monitor the bacteria level on its beaches.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept a grant from the United States
Environmental Protection Agency passed through the State of Alaska Department of
Environmental Conservation and to expend the funds to fulfill the purpose the grant and of this
Ordinance.
Section 2. That FY2021 estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues:
Federal Grants - Other $34,216
Increase Appropriations:
Parks, Recreation & Beautification –
Professional Services $34,216
Page 189
Ordinance No. 3143-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), Section 1 of this ordinance
shall take effect upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _____
Introduced: June 17, 2020
Enacted: July 1, 2020
Effective: July 1, 2020
Page 190
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: June 10, 2020
SUBJECT: Ordinance No. 3143-2020
The purpose of this memorandum is to recommend approval of Ordinance No. 3143-2020. This
action provides for an increase of a grant from the United States Environmental Protection Agency
to support additional water quality sampling on the City’s Beaches.
The State of Alaska Department of Environmental Conservation is amending the current Kenai
Beach Monitoring Grant to allow for additional sampling to be performed in 2020 at the mouth of
the Kenai River. The additional sampling will allow the contractor (Kenai Watershed Forum) to
build an adequate database for future modeling efforts.
Approval of Ordinance No. 3143-2020 will add an additional $34,216 to the existing ACWA-19-
B11 grant and the new amended grant total will be $121,535.
Council’s support and approval is respectfully requested.
Page 191
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 12, 2020
SUBJECT: Action Approval for Lease Assignment to Joel Caldwell
The City has received an application to assign the lease of Lot 3, Block 4, General Aviation Apron
from DeWayne Benton to Joel Caldwell. This parcel is within the Airport Reserve and is tied to
the Airport Fund. The Kenai Peninsula Borough parcel number is 04324012 and the physical
address is 170 Granite Point Court. The parcel is 0.48 acres (20,908 square feet) in size. Access
is from Granite Point Court and Granite Point Street. The parcel also has taxiway access. A map
of the parcel and the assignment application are attached to this memorandum.
The lease was assigned to DeWayne Benton in 2012. Previous leaseholders of the parcel include
Russel Winger, John Imle, and Erik Barnes d/b/a Barnes Enterprises. The lease expires in 2022
and the initial lease dates back to 1973. The specified use of the lease is for aircraft storage and
maintenance. The assignment will not change the use.
The parcel is within the Airport Light Industrial (ALI) Zone of the City. The Airport Commission
recommended approval of the assignment during their meeting on June 11, 2020. If City Council
consents to the lease assignment, the lease of City-owned Lot 3, Block 4, General Aviation Apron
within the Airport Reserve to DeWayne Benton will be assigned to Joel Caldwell and retain all
existing provisions of the lease.
Thank you for your consideration.
ATTACHMENTS
1. Aerial Map
2. Lease Assignment Application
Page 192
Lease Assignment Application
Parcel 04324012
170 Granite Point Court
Lot 3, Block 4, General Aviation Apron
GRANITE POINT CTGR
A
N
I
T
E
P
O
I
N
T
S
T
.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Date: May 2020
03015 Feet
LEGEND
Parcel 04324012
Page 193
Mailing Address:
City of Kenai
Land Lease Application
City: kena;
Application for:
0 Amendment
00 Assignment
State:
0 New Lease
0 Extension
0 Renewal
Zip Code: W~!I
Phone Number(s): Home Phone: C/of J5"d-~B1f3 Work/ Message Phone: t:Jot-.;;&3 L/1~7'
E-mail : (Optional)
Name to Appear on Lease: Joel &ld<-AJ ·e l l
Mailing Address: C ity: State: Zip Code:
Phone Number(s): Home Phone : Work/ Message Phone:
E-mail : (Optional)
Type of Applicant: dividual (at least 18 years of age)
D Limited Liability Company (LLC)
0 Partnership I Corporation I Government
0 Other
Property Information and Term Requested
Legal description of property (or, if subdivision is required , a brief description of property):
Lot 3 , Block 4, General Aviation Apron located at 170 Granite Point Court (parce l 04324012)
Does the property require subdivision? (if Yes, answer next questions) DYES 00 NO
Subdivision costs are the responsibility of the applicant unless the City Council
determines a subdivision serves other City purposes:
1. Do you believe the proposed subdivision would serve other City purposes? DYES ~o
2 . If determined it does not, appl icant is responsible for all subdivision costs. Initials /}f (!'
I'
If an appraisal is required to determine the minimum price on the land, applicant is responsible
Initials ~ for the deposit to cover costs associated with appraisal. If a sale is approved , the cost of the
appraisal will be eithe r refunded or cred ited to the applicant.
It is the responsibility of the applicant to cover recording costs associated with lease. Initials 4/ --
Do you have or have you ever had a Lease with the C ity? (if Yes. answer next question) DYES ~o
1 . Legal or brief description of property leased :
Request a Lease w ith an Option to Purchase once development requ irements are met? D YES lH NO
Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years): n/a
Requested term for Lease Extension (based on Term Table , not to exceed a tota l of 45 Years}: n/a
Requested Starting Date:
Page 194
Do you plan to construct new or additional improvements? (if Yes, answer next five questi ons)
1. W ill the improvement change or alter the use under an existing lease?
2 . What is the proposed use of the improvement?
3 . What is the estimated value of the improvement?
4 . What is the nature and type of improvement?
5 . What are the dates construction is estimated to commence and be completed?
(generally, construction must be completed w ithin two years)
Estimated Start Date: Estimated Completion Date:
LYES ~O
LYES L NO
Describe the proposed business or activity intended: , (.s,o.VV\ €.. 0..5 ., CU.~ \ .e:ss~
f/;rt.--rtl,f.f ~ ti?'ee #tip#:1*1 '?!!-s \-n~~-e.. <:AV\6. \jV\a\'f\-Twa.
How does the proposed lease support a thriving business, residential, recreational, or cultural community?
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
:S-a-€_\ Co.\d.w -t \ \
Lease Renewal Only
I Renewal of an Existing Lease (at least one year of term remaining): Requires new development.
Lease Term based on : Estimated cost of new improvements and I Purchase Price (optional)
1 Renewal of an Expiring Lease (less than one year of term rema in ing): Does not require new development.
Lease Term based on : I Purchase Price I Professional Estimate of Remaining Useful Life
I Fair Market Value appraisal and/or I Estimated cost of new improvements (optional)
Requested Term for Renewal Based on Term Table, not to exceed 45 Years:
Submitting an application for a lease does not g ive the appl icant a right to lease or use the land requested in the application . The application
shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that t ime, entered into a
lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligation to
amend, ren ew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal , extension, or amendment is
not in the best interest of the City
Signature :
Print Name:
For City Use Only:
o General Fund
• Airport Fund
Account Number:
• Airport Reserve Land
o Outside Airport Reserve
T itle:
Date Application Fee Rece ived:
Date Application Determined Complete:
30-Day Notice Publ ication Date :
City Council Action/Resolution :
Page 195
KENAI HARBOR COMMISSION
REGULAR MEETING
MAY 11, 2020 – 6:00 P.M.
KENAI CITY HALL
CHAIR MIKE DUNN, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Dunn called the meeting to order at approximately 6:00 p.m.
a. Pledge of Allegiance
Chair Dunn led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair M. Dunn, Vice-Chair C. Crandall, B. Peters, N. Berga,
C. Hutchison, J. Desimone, B. Bornemann
Commissioners absent:
Staff/Council Liaison present: Public Works Director S. Curtin, City Planner E. Appleby,
Public Works Assistant K. Feltman, Council Member R.
Peterkin
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Crandall MOVED to approve the agenda and Commissioner Desimone
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. March 9, 2020
MOTION:
Commissioner Crandall MOVED to approve the meeting summary of March 9, 2020; and
Commissioner Berga SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
Page 196
____________________________________________________________________________________
Harbor Commission Meeting Page 2 of 3
May 11, 2020
a. Discussion/Recommendation – Contract to Use Cranes, Offices, and Operating
Area at the Boating Facility 2020
The Public Works Director reported that no bids were received and he was in negotiations with
Pacific Star Seafoods. It was noted that Pacific Star Seafoods would not be providing fuel as part
of their agreement and they would have non-exclusive use of the dock. It was clarified that fishery
users that apply for use of the dock crane would still be able to utilize the dock and cranes under
the Special Use Permit process.
MOTION:
Commissioner Hutchison MOVED to recommend Council enter into agreement with Pacific Star
Seafoods and Commissioner Crandall SECONDED the motion. There were no objections; SO
ORDERED.
b. Discussion/Recommendation – Change of Use and Assignment of Lease for Lot
2, Kenai Spit Subdivision from North Pacific Seafoods, Inc. to E&E Foods, Inc. d/b/a
Pacific Star Seafoods.
It was noted the City Planner was seeking a recommendation from the Harbor Commission for a
change of use and assignment of lease. The lease value was discussed.
MOTION:
Commissioner Crandall MOVED to recommend Council approve the change of use and
assignment of lease to E&E Foods, Inc. d/b/a Pacific Star Seafoods and Commissioner Peters
SECONDED the motion. There were no objections; SO ORDERED.
c. Recommendation – FY2021-2025 Capital Improvement Plan
The Commission discussed the Capital Improvement Plan and the priority of the Personal Use
Fishery Float Replacement and the City Dock Boat Ramp Replacement projects.
MOTION:
Commissioner Peters MOVED to approve the Personal Use Fishery projects as defined in the
FY2021-2025 Capital Improvement Plan and Commissioner Crandall SECONDED the motion.
There were no objections; SO ORDERED.
7. REPORTS
a. Public Works Director – S. Curtin reported the following:
• The City Dock opened on May 8th;
• He provided an update regarding the cathodic protection repair and
installation from the previous earthquake damage, and the status of
dredging at the dock;
• The State was moving forward with the Personal Use Fishery this year;
• He provided an update of the Bluff Erosion and Peninsula Avenue projects
as well as Department of Transportation (DOT) projects;
• The Special Use Permit process was continuing this year for the City Dock
cranes use; and
Page 197
____________________________________________________________________________________
Harbor Commission Meeting Page 3 of 3
May 11, 2020
• A vault restroom was being constructed by Nelson Engineering for the
Personal Use Fishery.
b. Commission Chair – No report.
c. City Council Liaison – R. Peterkin reported on the actions of the May 6 Council
Meeting.
8. NEXT MEETING ATTENDANCE NOTIFICATION – June 8, 2020
9. COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Crandall thanked the City Council members for their hard work and diligence during
this time and thanked everyone for their participation through virtual meeting.
Commissioner Peters expressed thanks for the discussion and noted he was looking forward to
meeting in person soon.
Chair Dunn thanked everyone for being in attendance to the Commission meeting.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION ITEMS – None.
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
approximately 7 p.m.
Meeting summary prepared and submitted by:
_____________________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 198
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
MAY 27, 2020 – 7:00 P.M.
KENAI CITY HALL
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair J. Twait called the meeting to order at 7:10 p.m.
1. Pledge of Allegiance
Commission Chair J. Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, D. Fikes, V. Askin, T. McIntyre, G. Greenberg, J.
Halstead
Commissioners absent: R. Springer
Staff/Council Liaison present: City Planner E. Appleby, Deputy Clerk J. LaPlante, Council
Liaison H. Knackstedt
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED
the motion. There were no objections; SO ORDERED.
4. 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.
5. *Excused absences – R. Springer
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May 27, 2020
B. APPROVAL OF MINUTES
1. *May 13, 2020
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
1. Resolution PZ2020-10 - Preliminary Subdivision Plat of Baron Park 2020 Replat,
submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of
City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611
MOTION:
Commissioner Halstead MOVED to approve Resolution PZ2020-10 and Commissioner Askin
SECONDED the motion.
The staff report was reviewed as provided in the packet and it was recommended the preliminary
plat of Baron Park 2020 Replat be approved with the condition that further development of the
property shall conform to all federal, State of Alaska, and local regulations.
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
comment was closed.
It was noted the progress had been successful; the location, creation and maintenance of the dog
park was great.
It was clarified that the City of Kenai would ultimately be responsible for maintaining the dog park
while a large volunteer community was assisting in the maintenance of it.
VOTE:
YEA: Greenberg, McIntyre, Halstead, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
2. Resolution PZ2020-14 - Preliminary Subdivision Plat of Newton-Segura Subdivision,
submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of
Frank D. and Marilyn K. Newton, 260 Juliussen St., Kenai, AK 99611 and Peggy A.
Segura, 270 Juliussen St., Kenai, AK 99611
MOTION:
Commissioner Fikes MOVED to approve Resolution PZ2020-14 and Commissioner Askin
SECONDED the motion.
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Planning and Zoning Commission Meeting Page 3 of 4
May 27, 2020
The City Planner provided the staff report noting the plat lots access was from Juliussen Street
which was attached to Beaver Loop Road and it was paved and would later be maintained by the
City of Kenai. It was recommended that the preliminary plat be approved with the following
conditions:
• Further development of the property shall conform to all federal, State of Alaska, and
local regulations; and
• Remove plat note 4 because the City will be taking over Beaver Loop Road and there will
not be adjacent State maintained right-of-way; renumber remaining plat notes to continue
sequentially to have notes 1 through 7.
VOTE:
YEA: Fikes, McIntyre, Askin, Greenberg, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS – None.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Discussion - Kenai Municipal Code 14.20.180(c)(2) - Review Criteria for Variances
It was clarified that this discussion item was requested due to the variance permit granted at the
last Commission meeting for the property of 2392 Redoubt Avenue in Kenai, regarding maximum
lot coverage. The City Planner noted that the City Attorney could provide historical information
regarding the property and it as determined that the special conditions or circumstances of that
property were not actions caused by the applicant.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Knackstedt reported on the actions from the May 20
City Council meeting.
2. Borough Planning – No report.
3. Administration – City Planner Appleby reported on the following:
• The City of Kenai Incident Management Team was finalizing protocols for the
change in upcoming Council and Commission meetings and the option for in-
person/virtual hybrid meetings or stay with the full virtual meeting format;
• City Hall has been opened for appointments only;
• She attended a virtual meeting organized by the Borough to bring Regional
Planners together; noting it was a nice opportunity for collaboration;
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Planning and Zoning Commission Meeting Page 4 of 4
May 27, 2020
• Met with the Kenai Historical Society about security cameras at the historical cabins;
a grant was received and it is hoped to have cameras installed before the end of
the summer;
• The City is taking steps to clean up vacant lots covering a portion of the Black Gold
Estates Subdivision off of Alpine Drive, including removal of trash and junk vehicles;
and
• The Community Library was continuing curbside pickup of books with a limited
opening on June 1.
K. ADDITIONAL PUBLIC COMMENT – None.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION – June 10, 2020
N. COMMISSION COMMENTS & QUESTIONS
It was the consensus of the Commission that meeting in-person was preferred.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:10 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 202
KENAI BEAUTIFICATION COMMITTEE
REGULAR MEETING
MAY 12, 2020 – 6:00 P.M.
KENAI CITY HALL
CHAIR LISA GABRIEL, PRESIDING
MEETING SUMMARY
1. CALL TO ORDER
Chair Gabriel called the meeting to order at 6:00 p.m.
a. Pledge of Allegiance
Chair Gabriel led those assembled in the Pledge of Allegiance.
b. Roll was confirmed as follows:
Committee Members present: Chair L. Gabriel, T. Wilson, M. Rhyner, K. Reed, E. Jensen
Committee Members absent: B. Madrid, L. Craycraft, E. Heale
Staff/Council Liaison present: Parks and Recreation Director B. Frates, Council Liaison G.
Pettey
A quorum was present.
c. Agenda Approval
MOTION:
Committee Member Reed MOVED to approve the agenda and Committee Member W ilson
SECONDED the motion. There were no objections; SO ORDERED.
2. SCHEDULED PUBLIC COMMENTS – None.
3. UNSCHEDULED PUBLIC COMMENT – None.
4. APPROVAL OF MEETING SUMMARY
a. January 11, 2020
MOTION:
Committee Member Reed MOVED to approve the January 11, 2020 meeting summary and
Committee Member Jensen SECONDED the motion. There were no objections; SO ORDERED.
5. UNFINISHED BUSINESS – None.
6. NEW BUSINESS
a. Discussion – Volunteer Plant Day
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Beautification Committee Meeting Page 2 of 3
May 12, 2020
The Parks and Recreation Director reported that the department would be handling the volunteer
planting differently this year due to COVID-19; noting that instead of a singular plant day followed
with a BBQ, the planting would be spread out over the course of a week. The department would
advertise the event through personal contacts and Facebook. It was further noted folks could call
the office and make arrangements to plant, as all beds would be prepped and material provided
in advance along with planting diagrams.
Unanimous support was expressed by Commission members, and the Director clarified a list of
bed locations would be emailed to members.
b. Discussion – Beautification Brochure
The Parks and Recreation Director referred to the brochure in the packet and requested feedback.
It was noted the brochure would be updated as different varieties of flowers were purchased for
planting but that a majority of the flowers were currently listed. It was suggested that dashes be
changed to provide consistency in the brochure. There was a general consensus by the
Commission that the brochure looked good and no further comments were noted.
7. REPORTS
a. Parks & Recreation Director – B. Frates reported that the Department was looking
at hosting a virtual clean-up which would include individuals picking up litter throughout
the community, as done in the past, and this year people would be asked to send
pictures of their accomplishments.
b. Committee Chair – L. Gabriel thanked everyone for their participation.
c. City Council Liaison – G. Pettey reported on the actions of the May 6 City Council
meeting and thanked members for their input and efforts; she looked forward to seeing
all the beautiful flowers in Kenai.
8. NEXT MEETING ATTENDANCE NOTIFICATION – September 8, 2020
9. COMMITTEE MEMBER QUESTIONS AND COMMENTS
Committee Member Reed noted she looked forward to working in the flowerbeds.
Committee Member W ilson inquired about the wildflower garden.
It was clarified that the Parks and Recreation department intended to burn the soil this year in an
effort to control some of the weeds and then hydro-seed the Field of Flowers garden in early June.
10. ADDITIONAL PUBLIC COMMENT – None.
11. INFORMATION – None.
12. ADJOURNMENT
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Beautification Committee Meeting Page 3 of 3
May 12, 2020
There being no further business before the Committee, the meeting was adjourned at 6:45 p.m.
Meeting summary prepared and submitted by:
___________________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 205
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: June 8, 2020
SUBJECT: May 2020 Monthly Report
This month the Kenai Animal Shelter took in 63 animals. Animal intake and disposition:
DOGS:
INTAKE 31 DISPOSITION 18
Waiver 5 Adopted 8
Stray 7 Euthanized 1
Impound 6 Claimed 6
Protective Custody 5 Field Release 0
Quarantine 7 Transferred 3
Other Intakes 1 Other Dispositions 0
CATS:
INTAKE 30 DISPOSITION 32
Waiver 18 Adopted 14
Stray 10 Euthanized 1
Impound 0 Claimed 2
Protective Custody 1 Field Release 0
Quarantine 1 Transferred 15
Other Intakes 0 Other Dispositions 0
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Page 2 of 2
1 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
29 Animals are known borough animals
26 Animals are known City of Kenai
10 Animals are known City of Soldotna
1 Animals from unknown location
38 Field Investigations & patrols
0 Volunteer Hours Logged
0 Citations
0 Educational Outreach
Statistical Data:
298 2018 YTD Intakes
361 2019 YTD Intakes
369 2020 YTD Intakes
OTHER ANIMALS:
INTAKE 2 DISPOSITION 5
Bird 0 Bird 0
Rabbit 2 Rabbit 5
Chicken 0 Chicken 0
DOA: 6 OTHER STATISTICS:
Dog 5 Licenses (City of Kenai Dog Licenses) 16
Cat 1 Microchips (Dog and Cat) 9
Page 207
OPERATIONS
Month 2020 2019 2018 2017 2016
MAY 21 64 39 23 44
JUNE 123 139 106 85
JULY 166 261 144 151
AUGUST 172 164 103 191
SEPTEMBER 132 156 107 115
OCTOBER 37 47 6 CLSD
Total 21 694 806 489 586
0 *not reported
FUEL SALES
Month 2020 2019 2018 2017 2016
MAY $1,422 $1,685 $134 $784 $1,175
JUNE $5,870 $3,203 $3,423 $1,656
JULY $9,030 $3,635 $3,420 $3,036
AUGUST $7,146 $5,890 $4,325 $3,647
SEPTEMBER $5,906 $5,590 $4,901 $3,830
OCTOBER $1,752 $1,060 $583 CLSD
Total $1,422 $31,389 $19,512 $17,436 $13,344
Slips Rented
Private 0
Commerical 0
Rev 5/2019
FLOAT PLANE BASIN ACTIVITY
2016-2020
Page 208
May
Enplanement Report
Month RAVN
ALASKA
GRANT
AVIATION
Total
2020 2019 Change
from 2019
January 4,109 2,281 6,390 6,785 -395
February 3,988 1,942 5,930 5,957 -27
March 0 1,317 1,317 6,808 -5,491
April 0 359 359 6,441 -6,082
May 702 702 7,198 -6,496
June 0 7,656
July 0 10,658
August 0 12,925
September 0 8,951
October 0 7,594
November 0 6,998
December 0 7,033
Totals 8,097 6,601 14,698 95,004 -18,491
Terminal - Vehicle Parking Revenues
May
FY19 $18,460 FY19 Total $245,918
FY20 $2,226 FY20 YTD $168,149
0
0.00%
Grant
702
100.00%
May 2020
702
0
2500
5000
7500
10000
12500
15000
17500
20000
22500
25000
27500
Vehicle Parking Revenues
FY19
FY20
Page 209
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: June 5, 2020
SUBJECT: June Mid-month Report
2018 Terminal Rehabilitation Project – Construction: The project is in the final stages of
completion; finalizing signage, seating, and boilers. The Parks and Refuge display is rapidly
moving along and should be installed by the end of June.
2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks
(ARFF) – Training equipment portion and building rehabilitation is complete. ARFF training
resumed on June 1, 2020. The two ARFF vehicles are on-order with OSHKOSH.
2020 Acquire SRE (Loader) – Currently being advertised with bids due on June 10, 2020.
2020 Sand/SRE Storage Building – Ordinance No. 3116-2020 (Substitute) appropriated funds to
HDL Engineering for the design of this building. Design is 35% complete.
2020 Land Acquisition – The City is programming to purchase two parcels of land in the Runway
Protection Zone (RPZ). The City received appraisals dated June 8, 2020 and is awaiting
environmental clearance from the FAA.
In-house Activities:
Airport Administration – The office remains closed. The Airport Manager and the Administrative
Assistant are in the office. If you need assistance please send an email to
mbondurant@kenai.city or call 907.283.7951.
RAVN Shutdown – There has been no changes or movement with the RAVN shut down. Grant
continues to fly six-days a week and hopes to be back to a full schedule July 1, 2020. All
passengers are required to wear masks during the flights.
Page 210
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 10, 2020
SUBJECT: Finance Department – June 2020 Mid-month Report
With the passage of the FY21 Budget at the May 20th Council Meeting, the department has been
making changes and compiling the document for printing. The document is expected to be
available for distribution next week. The Department’s focus will now be switching to closing FY20
and completion of the City’s Comprehensive Annual Financial Report. This process includes
closing of the FY20 financial records, fiscal year end grant reporting and finally financial statement
preparation. The annual audit is scheduled for the week of October 5th.
COVID-19 accounting is reqiuiring a significant amount of resources. Accounting for COVID-19
includes drafting legislation for administering and appropriating the funds, identifying and tracking
expenditures, tracking employee time, and compiling grant reimbursement reports.
The 2020 Personal Use Fishery is quickly approaching and we will be working to train our
seasonal help to work in the dipnet shacks. We have been working closely with our software
programmer to update the shack attendant software and to update the dipnet app. Modifications
are being made to the dipnet shacks themselves to provide a safer working environment for the
attendants.
The department, working with Stormy in Human Resources, is completing open enrollment for
employee benefits. This process included meetings with employees, staff, and the City’s broker,
Marsh & McLennan Agency.
Quotes for property, liability, airport, marine and workers compensation insurance have been
received and the process of binding of coverage for FY2021 is underway. Included in binding this
coverage is the issuance of municipal official bonds for myself, the City Manager, and the City
Clerk. Bonding for these three positions remains at the same level previously established by
Council, $40,000 for the Finance Director, $2,000 for the City Manager, and $10,000 for the City
Clerk. In addition to these amounts, the City’s general liability policy carries $1,000,000 of
employee dishonesty coverage for all City employees. If Council wishes to change the bonding
amounts for any position just let me know and I will obtain prices and facilitate the change.
Page 211
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: June 8, 2020
SUBJECT: Fire Department Mid-Month Report - May
As we look back on the Month of May into the first part of June, our call volume is down slightly
from last year.
We are continuing to focus efforts on getting all personnel trained on the new engine and getting
it into service. Firefighters Mitch Miller and Steve Turkington attended their initial ARFF course at
BEACON Training Center as it opened up following the remodel of the live fire training prop. We
conducted training for 5 new TEO’s in CPR and will provide additional training for response to
potential COVID patients should dipnet season happen.
We met with Dr. Warix, Dr. Cooper, and Paul & Tiffani Perry to develop protocols for continuation
of Paramedic Student Ride-Along program. In light of COVID-19, we felt it prudent to do what we
can to help prepare upcoming medics to be ready in the near future, while doing it as safely as
we can.
As orders of personal protective equipment (PPE) arrive, we have been distributing those supplies
to all departments within the City who have requested it. W e will continue to monitor what is
needed and order/distribute as necessary as those requests come in.
We continue to monitor fire conditions with the Division of Forestry which is still in a suspension
status as burn permits are temporarily suspended. Cooking and warming fires are still permitted.
Page 212
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: June 9, 2020
SUBJECT: Mid-month Report - May
The department’s focus for much of May was geared toward preseason maintenance activities
and preparations for the upcoming summer maintenance season. Activities included interviewing
and finalizing temporary positions and conducting routine field maintenance tasks such as turf
maintenance, inspections and facility cleaning. Below is a representation of tasks and activities
performed:
• The Virtual Hands-on Community Clean Up was held May 18-24. Folks were encouraged
to send photos of their efforts to the department for posting on Facebook. Alaska Waste
provided a roll-off container throughout the weekend.
• In response to COVID-19 the annual volunteer plant day comprised of an entire week of
planting. Folks signed up in advance to plant various flowerbeds throughout the
community the week of May 26-31. The response from volunteers was awesome and all
the beds identified were planted.
• Thanks to the Street Department a couple large spruce-bark beetle kill trees were
removed from along Ryan’s Creek Trail. Parks crew removed one tree blocking the
Ryan’s Creek Trail.
• Street banners along the Kenai Spur Highway corridor were installed. The remaining
streets (Willow St. and Airport Way) were recently completed as well.
• Concrete Circle planters were planted the first of June and the street and highway wooden
flower boxes were recently placed.
• The Water & Sewer Department assisted with turning on water at various locations and
facilities; restrooms opened.
• Coordinated with American Legion Post 20 for Memorial Day services held at the Kenai
Cemetery and prepped site in advance.
• Assisted other departments with an illegal camp clean-up off Alpine Dr. A total of three
end dump loads and two 30-yd containers of material was collected and disposed of.
• Crew swept sand and debris off several lawns throughout town and picked up clumps of
sod and other debris left over from winter snow removal.
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• Worked on COVID-19 Mitigation Plans and communicated with local and state
organizations providing youth and adult recreation.
• Administrative Assistant created and finalized the 2020 Parks, Recreation &
Beautification Flower Guide; Carol has also been assisting with the Kenai Dipnet app
advertising.
Page 214
MEMORANDUM
TO: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: June 9, 2020
SUBJECT: Planning and Zoning May 2020 Report
Planning and Zoning Commission Agenda Items and Resolutions
• Resolution PZ2020-04 - Application for the rezoning of an approximately 10.6 acre parcel,
described as a portion of the S1/2 SE1/4 SW 1/4, lying North of K-Beach Road, Section
17, T5N, R11W, excepting therefrom VIP Country Estates Subdivision Part 5 from Rural
Residential (RR) to Limited Commercial (LC). The application was submitted by the
majority property owners, Rick and Connie Vann, P.O. Box 561, Kasilof, AK 99610.
• Resolution PZ2020-07 - Preliminary Subdivision Plat of Beaver Loop Acres, Addition No.
2. The plat was submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, AK
99660, on behalf of Beaver Loop Sand and Gravel, LLC, P.O. Box 1290, Kenai, AK 99611
and the Estate of Patrick Doyle and Mary Doyle, 2243 Beaver Loop Rd., Kenai, AK 99611.
• Resolution PZ2020-10 - Preliminary Subdivision Plat of Baron Park 2020 Replat,
submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of
City of Kenai, 210 Fidalgo Ave., Kenai, AK 99611.
• Resolution PZ2020-11 - Application for a Conditional Use of a Six-Plex for Senior Housing,
on an approximately 1.215 acre parcel, described as Lot 1, Kenai Meadows, and located
at 2392 Redoubt Avenue. The application was submitted by Kenai Peninsula Housing
Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
• Resolution PZ2020-12 - Application for a Variance of Kenai Municipal Code 14.14.020 -
Maximum Lot Coverage, on an approximately 1.215 acre parcel, described as Lot 1, Kenai
Meadows, and located at 2392 Redoubt Avenue. The application was submitted by Kenai
Peninsula Housing Initiatives, Inc., P.O. Box 1869, Homer, AK 99603.
• Resolution PZ2020-14 - Preliminary Subdivision Plat of Newton-Segura Subdivision,
submitted by Segesser Surveys, 30485 Rosland St., Soldotna AK 99669, on behalf of
Frank D. and Marilyn K. Newton, 260 Juliussen St., Kenai, AK 99611 and Peggy A.
Segura, 270 Juliussen St., Kenai, AK 99611.
Page 215
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Building Permit and Site Plan Reviews
Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The
Department conducted 6 Building Permit application reviews in May 2020.
Code Enforcement
2 cases were opened in May 2020 for Garbage.
1 case was opened in May 2020 for Debris and Junk.
Lands
• Non-standard lease conversion to State of Alaska, Division of Forestry approved by City
Council at their 5/20/20 meeting.
• Lease assignment to E&E Foods approved by City Council at their 5/20/20 meeting.
• Special Use Permit approved to Axtel Enterprises approved at their 5/20/20 meeting.
• Special Use Permit approved to Weaver Brothers approved at their 5/20/20 meeting.
• Pending: one special use permit application, three lease renewal applications, one
development incentives application, and one new lease application.
• Annual and Five-Year Interval lease rate changes will occur in July 2020.
Page 216
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: June 8, 2020
SUBJECT: Police & Communications Department Activity – May 2020
Police handled 507 calls for service in May. Dispatch received 228 9-1-1 calls. Officers made
39 arrests. Traffic enforcement resulted in 78 traffic contacts and 15 traffic citations. There
were 6 DUI arrests. Officers investigated 4 motor vehicle crashes. There were no collisions
involving moose. There was one collision involving drugs or alcohol.
External training was all cancelled for the month of May, with a continued focus on training with
online delivery. A recruitment was completed for a vacant dispatch position, and that position
was filled. A recruitment was completed for Temporary Enforcement Officers for summer, and
those positions have been filled. A recruitment was completed for a vacant officer position, and
the process is continuing in order to fill that position.
The Department saw an increase in call volume from what was experienced in April but still a
significant decline from this month in prior years. The Department helped facilitate graduation
parades at both Kenai Alternative High School and Kenai Central High School.
.
2501
1117
3275
1178
3460
12840
1000
2000
3000
4000
Total Police Service Calls 911 Calls Received
2020(Jan 1 - May 31)2019(Jan 1 - May 31)2018(Jan 1 - May 31)
Page 217
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: June 2020
SUBJECT: Mid-Month Report; Public Works / Capital Projects
• Terminal Building Rehabilitation Project – The project reached Substantial Completion on
March 27, 2020! Project is nearing closeout, final change orders are pending. Replacement
boilers were approved by the FAA on June 10, 2020.
• Alaska Regional Fire Training Facility Building Rehabilitation Project – The project reached
Substantial Completion on June 2, 2020 and Fire Training is actively taking place. Staff will
be working with the FAA on project closeout over the next 60-90 days.
• Alaska Regional Fire Training Facility Equipment Rehabilitation Project - The project reached
Substantial Completion on March 13, 2020 and Fire Training is actively taking place. Staff
will be working with the FAA on project closeout over the next 60-90 days. The contractor
has yet to return to Alaska to complete punch list, travel restrictions due to COVID has caused
some delay.
• Kenai Municipal Airport Wheeled Loader Replacement – An Invitation to Bid was released on
May 20, 2020 with bids due on June 10, 2020. Two bids were received with Yukon Equipment,
Inc. providing the lowest responsive bid for 2020 Case model 621G and associated
attachments. Total cost of loader with all attachments as well as some minor administrative
costs equal $270,000. An FAA grant will be covering 100% of the costs.
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Public Works Mid-Month Report
• Kenai Municipal Airport Sand Storage Facility – On January 23, 2020 the City released a
Request for Proposals for Professional Engineering Services for a five year term agreement
for the Airport. Proposals were received on February 18, 2020. HDL Engineering was the
successful proposer and was issued a formal notice of award on March 16, 2020. This is the
first project under this Agreement. The Sand Storage Building was originally scoped out as
an approximately 6400sf facility projected to cost around $2,000,000. An Agreement with
HDL Engineering was executed on April 17, 2020 for a not to exceed fee of $265,681 for the
Design Phases of the work. Currently the Schematic Design Phase has been completed,
overall square footage was reduced through programming to 5600sf due to budget concerns.
Bid documents are anticipated to be ready for an August 2020 release.
• Dock repair – An Invitation to Bid was released on May 29, 2020 with Bids due on June 19,
2020. Work is anticipated to start in August after the personal use fishery is completed.
• Peninsula Avenue Bluff Erosion 2020 – An Invitation to Bid was released on May 31, 2020
with Bids due on June 19, 2020. A Pre-Bid Zoom meeting was conducted on June 5th, with
three contractors in attendance. Work is anticipated to be completed over the next 4-5 months
and involves clearing of some of the site, installation of a new storm water manhole and piping,
grading and seeding. This is the first project that really begins to address some of the ongoing
bluff erosion issues in the area.
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Page 3 of 3
Public Works Mid-Month Report
• Vault Restrooms – 100% Design documents were received on June 10, 2020 from Nelson
Engineering. An Invitation to Bid is anticipated by June 16th, 2020 with Bids due by July 9th,
2020. Work is anticipated to take place in August/September.
• Waste Water Treatment Plant Master Plan – HDL Engineering Consultants will be beginning
to assist the Public Works Department in development of a new Master Plan for the facility.
The last one was completed in March 2004. Resolution 2020-48 is in the June 17, 2020
packet authorizing this work. It is anticipated that these services will take place throughout
the summer months. HDL is also currently assisting the department with the renewal of our
APDES Permit which expires every five years.
• USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of
Engineers was signed April 10, 2019. As of April 29, 2020 we are waiting on a Section 221
MOU (Memorandum of Understanding) from the Army Corp of Engineers.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 1 Swires Rd. to Eagle Rock Dr.
Wolverine is actively working on the project with final surface being paved now. Appear to be
approximately six weeks away from final completion.
• DOT KSH Rehabilitation (Widening to 5 lanes) Phase 2 Eagle Rock Dr. to Sports Lake –
Nothing new to report.
• DOT Beaver Loop Road and Pedestrian Pathway Project – QAP is nearing completion of the
project. Public Works Director met with DOT representatives on June 5th, Public Works staff
performed inspections on the project June 9 & 10 with a punch list provided to DOT on June
11, 2020. The roadway and bike paths are now paved, markings are in place, final topsoil
placement is taking place, light poles still need to be installed. Project looks good and is a
great benefit for the area and the city. DOT staff and QAP have been great to work with on
this project.
• For those that may not have seen it yet, our new Fire Engine that took a little over a year to
build arrived a little over a month ago. See below.
Page 220
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: June 8, 2020
SUBJECT: May 2020 Monthly Report
Home Delivered Meals 1512
Home Delivered Meals – COVID-19 1127
Pick Up Meals – COVID-19 174
Grocery Shopping Assistance 15
Vintage Pointe Meals – COVID-19 309
Though closed to the public, the Senior Center continues to provide services to our senior
population. During this crisis we have been able to offer the following:
• Home delivered meals, served Monday – Friday to over 100 individuals in the greater
Kenai area.
• Shopping and delivery assistance through Country Foods.
• Prescription pickups and delivery.
• Low income food box delivery.
• Telephone support and wellness checks.
• Information on COVID19, State of Alaska benefits, IRS Economic Impact payments,
and the newest scams surrounding the current crisis.
In addition to this, the staff has been working on various projects including:
• Shelf stable food boxes for senior pick up and home delivery.
• Reopening phases research.
• Finalizing FY20 budget expenses.
• Vintage Pointe tenant moves.
• COVID-19 frozen home meals.
Page 221
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: March 31, 2020
SUBJECT: COVID-19 Recovery Update
The purpose of this memo is to provide Council an update on the City’s financial recovery from
the COVID-19 Public Health Emergency.
On Tuesday June 9th, the City received its first distribution of CARES Act Funding from the State
of Alaska. This first tranche of funding was $4,140,355.22 which was deposited into a newly
opened subaccount of the City’s Alaska Municipal League Investment Pools account. A
subaccount was opened to isolate the funds and make it very easy to track investment earnings
on the funds which must be expended in the same manner as the actual grant funds.
Finance is currently preparing the first grant report to the State of Alaska which will include
expenditures for all COVID-19 leave utilized by employees, approximately 3,000 hours of leave
have been used to date, public safety and incident management team wages, and direct non-
payroll expenditures. Reimbursement documentation has been completed for the CARES Act
Justice Assistance Grant the City has recently been awarded and for which the appropriating
ordinance will be up for enactment on July 1st.
CARES Act grant reports have been filed with the FAA for January, February March and April
which totaled $438,328.36. May’s report is being compiled and will be submitted once complete.
To date the City has been awarded $9,373,852.04 in CARES Act grant funding.
Page 222
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: JUNE 17, 2020
VENDOR DESCRIPTION DEPT. ACCOUNT
GAMAS DESIGNS
EMPLOYEE APPRECIATION
SWEATSHIRTS NON-DEPARTMENTAL MISCELLANEOUS
LN CURTIS & SONS BOOTS AIRPORT SMALL TOOLS
MUNICIPAL EMERGENCY SERVICES SCBA BOTTLES F IRE SMALL TOOLS
MOORE'S LANDSCAPING WILDFLOWER MIX HYDROSEED ING RECREATION REPAIR & MAINTENANCE
B&H PHOTO-VIDEO CABIN PROJECT CAMERAS/SOFTWARE RECREATION MACHINERY & EQUIPMENT
EDOCSALASKA LASERFICHE FORMS PORTAL/MAINT. CLERK SOFTWARE
AMOUNT
2 ,829.00
3,960.00
2,612 .98
2 ,500 .00
10,594 .70
8,306 .23
Page 223
JUNE 17, 2020
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item D.4. Ordinance No. 3133-2020 City Manager
• Memo Requesting Postponement
Add to item D.12. Resolution No. 2020-45 City Clerk
• Public Comment
Add to item G.9. Ordinance No. 3141-2020 City Manager
• Draft Agreement
Add item G.13. Action/Approval – Resolution No. 2020-22 City Manager
• Memo Requesting to Amend Something
Previously Adopted
Add to item J.1. City Manager’s Report City Manager
• Library Report
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: June 16, 2020
SUBJECT: Ordinance 3133-2020 (Substitute)
The purpose of this memo is to request postponement of this Ordinance. The Finance
Department had hoped to utilize remaining funds from within the KMA Terminal Rehabilitation
Project to fund FY2021 Capital Improvement Projects for the Airport.
The Terminal Project has not yet concluded due to late additions to the scope of work for the
project including replacement of the facilities existing boilers. The boilers are approximately 18
years old with a typical life span of 25 years, however this past winter, staff has had repeated
issues with keeping them operational. As a result the decision was made to seek their
replacement.
The Public Works Director in coordination with the Contractor, Blazy Construction, is near
finalizing the cost for a final change order to the project. Once this change order is complete,
remaining available funds within the project will be known. Remaining funds from the Terminal
Rehab will be indicated within Section 1 of this Ordinance, with the balance needed to fund the
remaining costs coming from the Special Revenue Fund as will be indicated within Section 3.
Pending the Change Order is finalized within the next two weeks, the blanks will be filled in within
the Ordinance for the July 1st Council Meeting. If negotiations continue beyond two weeks it will
be heard at the July 15th Council Meeting.
The Public Works Director is in support of this Ordinance. Council’s support is respectfully
requested.
Page 2 of 21
From:Home
To:Jamie Heinz
Cc:Bob Molloy
Subject:Ken Tarbox viewing platform
Date:Wednesday, June 10, 2020 10:37:18 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
June 10, 2020
To the City Council and City Clerk of Kenai-
My wife Josie Patterson and I are avid birders who live in Cambridge, Massachusetts. In June,
2016, we came to visit our dear friends Bob Molloy and Kristine Schmidt who knew of our
interest in birding on the Kenai Peninsula. Bob and Kristine called Ken Tarbox to see if it
would be possible for him to guide us on the day-long tour. Ken quickly agreed and came by
the next morning with a planned itinerary guided by a lifetime of birding experience.
Ken’s generosity and knowledge made it a memorable day for us. We still have pictures from
the viewing platform that the City’s naming resolution is considering naming after Ken. He
also brought us to the count-down for the opening of the set-net season, where we ate lunch
with Horace Blanchard and three generations of his family. We are still talking about that day
and recommending Kenai to our friends as an amazing destination for folks who love the
outdoors.
We won’t soon forget Ken’s love of birds, incredible knowledge, and kindness. We hope that
the City will consider the deserving honor of having the viewing platform being named after
him. Thank you.
Josie Patterson
Ben Lynch
9 Perry St.
Cambridge, MA 02139
Page 3 of 21
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 _______________ 2020, 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
Page 2 of 15
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, as well as selling
merchandise at the Facility.
G. “Owner” or “City” means the City of Kenai.
2. Term. The term of this Agreement as amended shall begin on
______________ (date), and end on June 30, 2022, with an option to extend for two
successive one-year terms by mutual consent of the parties. 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 $8750 per month for management of
the Facility for the term of this Agreement with an annual adjustment based on the
Anchorage Consumer Price Index (CPI) unless the CPI becomes negative, in which case
the fee would not be adjusted. 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
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Kenai Visitor and Cultural Center Agreement
Page 3 of 15
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,
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
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Kenai Visitor and Cultural Center Agreement
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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 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, 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.
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
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Kenai Visitor and Cultural Center Agreement
Page 5 of 15
and enthusiastic manner. The Contractor will refer visitors to all businesses
and service providers in the City of Kenai.
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 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 maintains staffing levels as near as reasonably possible as
listed below.
Position Quantity Hours YR / Seasonal
KVCC Manager 1 Salary Year Round
Programs / Facility
Rentals 1
FT/40 per
wk Year Round
Front Desk 1
FT/40 per
wk Year Round
Front Desk 1
PT/20 per
wk Year Round
Front Desk 1
FT/40 per
wk
Seasonal / 16
wks
The City recognizes that occasional vacancies will occur, however,
contractor commits to filling those vacancies as expeditiously as possible.
f. 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.
g. The Contractor tracks and provides a monthly report on the number and
estimated nature of visitors to the Center, Facility rentals, staffing levels,
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.
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Kenai Visitor and Cultural Center Agreement
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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
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. 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.
B. Report. Contractor will submit to Owner a report identifying usage of the
Facility by program annually. 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 each year during the term of this Agreement.
8. Owner’s Obligations. Owner shall perform the following functions or
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Kenai Visitor and Cultural Center Agreement
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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).
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.
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.
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Kenai Visitor and Cultural Center Agreement
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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.
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;
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Kenai Visitor and Cultural Center Agreement
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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.
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.
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Kenai Visitor and Cultural Center Agreement
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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
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
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Kenai Visitor and Cultural Center Agreement
Page 11 of 15
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
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
Page 14 of 21
Kenai Visitor and Cultural Center Agreement
Page 12 of 15
____________________________. 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.
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.
Page 15 of 21
Kenai Visitor and Cultural Center Agreement
Page 13 of 15
D. Force Majeure. Neither the City nor the Contractor is in violation of this
Agreement if it is prevented from performance by reason of strike, boycott, labor dispute,
embargo, shortage of energy or materials, act of God, act of public enemy, act of superior
governmental authority, weather condition, riot, rebellion, sabotage, or any other
circumstance for which it is not responsible and which is beyond its control.
E. National Emergency: If the federal government declares a national
emergency, the Contractor may not hold the City liable for its inability to perform any part
of this Agreement resulting from the national emergency.
F. Assumption of Risk. Contractor shall provide all proper safeguards and
assume all risks incurred in performing the services.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
Page 16 of 21
Kenai Visitor and Cultural Center Agreement
Page 14 of 15
M. 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.
N. 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.
O. 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
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 )
Page 17 of 21
Kenai Visitor and Cultural Center Agreement
Page 15 of 15
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:
APPROVED AS TO FORM:
__________________________
Scott Bloom, City Attorney
Page 18 of 21
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: June 16, 2020
SUBJECT: Recommended amendment to previously adopted legislation, Resolution
2020-22.
The purpose of this memo is to recommend amendment to previously adopted legislation,
Resolution 2020-22 which was adopted at the May 6, 2020 Council meeting. Resolution 2020-
22 authorized the issuance of new tax-exempt bonds from which the proceeds will used to retire
the City’s outstanding library expansion bonds. The new bonds will be at a lower interest rate
resulting in lower debt service over the remaining ten years of the debt.
In discussions with the City’s Bond Counsel and the issuance’s Financial Advisor a slight
amendment to the original resolution is needed to maximize the City’s savings in this refinancing.
The original resolution indicated the newly issued bonds would not commence maturing until the
year 2021. If the year is modified to the year 2020 the City should realize an additional $1,500
in savings over the remaining 10-year life of the bonds. This amendment must be completed by
June 23rd at the latest as the bonds are scheduled to be issued on July 7th with a July 10th closing
date requiring this action by laydown.
I have reviewed the payment schedule with what was budgeted in FY2021 and sufficient funds
are budgeted to accommodate this change. $141,518 was budgeted in the General Fund to
service the outstanding bonds and the new debt service for FY2021 is projected to be $135,958.
Your support for the following amendment is respectfully requested.
The following motion is suggested:
Move to amend previously adopted legislation, Resolution 2020-22, by amending the year
2021 in the second paragraph of Section 4 to 2020.
Page 19 of 21
MEMORANDUM
TO: Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe
DATE: June 6, 2020
SUBJECT: Library Mid-Month Report May 2020
The Kenai Community Library has been closed to the public since March 17, 2020 in response
to the COVID-19 pandemic. In May, we began no-contact curbside pick-up services as part of
our phased reopening.
May at a Glance
Checkouts May-19 May-20 2020 YTD
Physical 7,739 814 22,828
Digital 1,358 1,477 6,653
Visits
Number of Visitors 7,598 n/a 13,508
New Library Cards 50 18 133
Room Use 148 1 396
Programs
Number of Programs 55 16 118
Program Attendance 654 n/a 1,021
Volunteer Hours 48 n/a 105
Technology Sessions
Computer Sessions 718 n/a 1,030
iPad Sessions 160 n/a 203
WiFi Sessions 2,147 3,715
Early Literacy Station Sessions 392 n/a 786
Page 20 of 21
Page 2 of 2
Programming highlights
• All in-person programs canceled in May 2020
• We continued our virtual classroom programs on Facebook (average of 4 programs per
week)
o Weekly Lego® challenge
o Let’s Draw
o Virtual story time
o DIY and STEM programs
o Community quilt
• Summer Reading started on May 18
o 70 registered users and 10,839 minutes read so far!
May 2020 library services highlights
• 2,147 Wi-Fi sessions
o 35% increase from April 2020
• 8.7% increase in digital checkouts as compared to March 2019
• 18 online library cards issued in May 2020
o 80% increase from April 2020
• Curbside pickup services started May 4th
o 164 patrons checked out 814 items
Page 21 of 21
Kenai City Council - Regular Meeting Page 1 of 5
June 17, 2020
Kenai City Council - Regular Meeting
June 17, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
*Telephonic/Virtual Information on Page 5*
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. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3117-2020 - Appropriating
Funds in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and
Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of
Snow Removal Equipment (SRE) – Loader with Attachments. (Administration) [Clerk's
Note: At the May 20 Meeting, this item was Postponed to the June 17 Council Meeting. A
Motion to Enact is On the Floor.]
• Substitute Ordinance No. 3117-2020 - Accepting and Appropriating an Airport
Improvement Program Grant from the Federal Aviation Administration in the Airport
Equipment Capital Project Fund and Awarding a Contract for the Purchase of Snow
Removal Equipment (SRE) - Loader with Attachments.
2. ENACTED UNANIMOUSLY. Ordinance No. 3131-2020 - Amending the Official Kenai
Zoning Map by Rezoning a Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road
Excluding VIP Country Estates Subdivision Part 5 from Rural Residential (RR) to Limited
Commercial (LC). (Administration)
Kenai City Council - Regular Meeting Page 2 of 5
June 17, 2020
3. ENACTED UNANIMOUSLY. Ordinance No. 3132-2020 - Increasing Estimated Revenues
and Appropriations by $454.84 in the General Fund – Police Department for Drug
Investigation Overtime Expenditures. (Administration)
4. POSTPONED AS AMENDED TO 07/15/2020. Ordinance No. 3133-2020 - Authorizing a
Budget Transfer in the Airport Terminal Improvement Capital Project Fund and
Appropriating FY2020 Budgeted Funds in the Airport Master Plan Capital Project, Airport
Snow Removal Equipment and Airport Operations Facility Improvement Capital Project
Funds for Heating, Ventilation and Air Conditioning (HVAC) Improvement to the Airport
Operations Facility and Replacement of the Airport’s Wide Area Mower. (Administration)
• Substitute Ordinance No. 3133-2020 - Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue Fund, Authorizing a Budget Transfer in the
Airport Terminal Improvement Capital Project Fund and Appropriating FY2020 Budgeted
Funds in the Airport Master Plan Capital Project, Airport Snow Removal Equipment and
Airport Operations Facility Improvement Capital Project Funds for Heating, Ventilation and
Air Conditioning (HVAC) Improvement to the Airport Operations Facility and Replacement
of the Airport’s Wide Area Mower.
5. ENACTED UNANIMOUSLY. Ordinance No. 3134-2020 - Appropriating Funds in the Water
& Sewer Improvement and Wastewater Treatment Facility Improvement Capital Project
Funds for FY2021 Capital Improvement Plan Projects. (Administration)
6. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3135-2020 - Appropriating
FY2020 Budgeted Funds in the Kenai Multipurpose Facility Improvements Capital Project
Fund for Installation of an Exhaust Fan and Corrosion Remediation. (Administration)
7. ENACTED UNANIMOUSLY. Ordinance No. 3142-2020 - Increasing FY2021 Estimated
Revenues and Appropriations in the General, Personal Use Fishery Special Revenue, and
Senior Citizen Special Revenue Funds for FY2021 Insurance Coverage. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-41 - Approving a Lease Renewal of
Airport Reserve Lands Between the City of Kenai and Kenai Aviation Service, Inc. d/b/a
Aviation Services, for Lot 1A, Block 1, General Aviation Apron Subdivision No. 6.
(Administration)
9. ADOPTED UNANIMOUSLY. Resolution No. 2020-42 - Authorizing the Binding of
Insurance Coverage for the City for the Period of July 1, 2020 through June 30, 2021 and
Authorizing Execution of a Three-Year Agreement for Insurance Coverage. (Administration)
10. ADOPTED UNANIMOUSLY. Resolution No. 2020-43 - Awarding a Contract for Janitorial
Services at the Kenai Municipal Airport. (Administration)
11. ADOPTED UNANIMOUSLY. Resolution No. 2020-44 - Authorizing a Budget Revision in
the General Fund, Fire Department for the Purchase of Self-Contained Breathing Apparatus
Bottles. (Administration)
12. ADOPTED. Resolution No. 2020-45 - Naming the City of Kenai’s Wildlife Viewing
Platform, the “Tarbox Wildlife Viewing Platform.” (Vice Mayor Molloy)
Kenai City Council - Regular Meeting Page 3 of 5
June 17, 2020
13. ADOPTED UNANIMOUSLY. Resolution No. 2020-46 - Authorizing the City Manager to
Prepare and Execute an Amendment to the City of Kenai's Participation Agreement with
the Public Employees' Retirement System (PERS) to Remove the Recreation Center
Assistant Class of Employees from Participation Effective November 1, 2003.
(Administration)
14. ADOPTED UNANIMOUSLY. Resolution No. 2020-47 - Authorizing the City Manager to
Prepare and Execute an Amendment to the City of Kenai's Participation Agreement with
the Public Employees' Retirement System (PERS) to Remove the Visitor Center Assistant
and Janitor Classes of Employees from Participation Effective July 1, 2020. (Administration)
15. ADOPTED UNANIMOUSLY. Resolution No. 2020-48 - Authorizing An Agreement For
Professional Engineering Services To Begin Development Of The New Master Plan For
The Waste Water Treatment Facility. (Administration)
16. ADOPTED UNANIMOUSLY. Resolution No. 2020-49 - Approving a Conversion of Airport
Reserve Lands Described as Lots 2 and 3, Block 5, General Aviation Apron Subdivision
No. 1 Amended with SOAR International Ministries, Inc. and Approving of Temporary
Development Incentives. (Administration)
17. ADOPTED UNANIMOUSLY. Resolution No. 2020-50 - Authorizing the City Manager to
Execute an In-Kind Memorandum of Understanding with the Department of the Army for
Design Work Prior to Execution of a Design Agreement for the Kenai Bluff Stabilization
Project. (Administration)
E. MINUTES – None.
F. UNFINISHED BUSINESS
1. POSTPONED INDEFINITELY. Resolution No. 2020-30 - Recommending the Kenai
Peninsula Borough Assembly Enact Ordinance 2020-24 which would Provide for Vote by
Mail Elections, More Time Between a Regular Election and Run-Off Election and Removal
of Proposition Statements. (Council Member Peterkin) [Clerk's Note: At the May 20
Meeting, this item was Postponed to this Council Meeting. A Motion to Adopt is On the
Floor.]
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - FY2021 Purchase Orders over $15,000. (Administration)
3. *Action/Approval - Special Use Permit to Kenai Chamber of Commerce & Visitor Center
for Moosemeat John Cabin. (Administration)
4. *Ordinance No. 3136-2020 - Increasing Estimated Revenues and Appropriations in the
General and the Public Safety Capital Project Funds and Authorizing the Sole Source
Purchase and Installation of Updated Radio Consoles for the City of Kenai Dispatch Center.
(Administration)
Kenai City Council - Regular Meeting Page 4 of 5
June 17, 2020
5. *Ordinance No. 3137-2020 - Increasing Estimated Revenues And Appropriations In The
General And Municipal Roadway Improvements Capital Project Fund's To Provide
Matching Funds To The State Of Alaska Department Of Transportation And Public Facilities
To Construct A Pedestrian Path From The Kenai Spur Highway To Beaver Loop Along
Bridge Access Road Utilizing Restricted General Fund, Fund Balance. (Administration)
6. *Ordinance No. 3138-2020 - Increasing Fiscal Year 2020’s Estimated Revenues and
Appropriations in the Airport Land Sale Permanent Fund to Transfer Earnings in Excess of
Budgeted Amounts to the City’s Airport Fund. (Administration)
7. *Ordinance No. 3139-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 CARES Act Recovery Fund for a Federal CARES Act Grant Passed through the
State of Alaska Department of Public Safety for Overtime and Direct Expenditures of the
Police, Fire, and Communications Departments of the City from March 16, 2020 through
May 17, 2020. (Administration)
8. *Ordinance No. 3140-2020 - Increasing Estimated Revenues and Appropriations in the
Personal Use Fishery Special Revenue Fund to Provide Supplemental Funding for
Additional Portable Restrooms and to Award a Contract to Provide Dumpsters, Portable
Restrooms and Portable Hand Wash Stations for the 2020 Kenai River Personal Use
Fishery. (Administration)
9. *Ordinance No. 3141-2020 - Increasing Estimated Revenues and Appropriations in the
General Fund, Visitor Center Department and Authorizing Amendment to the 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)
10. *Ordinance No. 3143-2020 - Increasing General Fund Estimated Revenues and
Appropriations by $34,216 in the General Fund, Parks, Recreation and Beautification
Department for an Increase of a Grant from the United States Environmental Protection
Agency Passed through the State of Alaska Department of Environmental Conservation for
Bacteria Level Monitoring on the City’s Beaches from July 1, 2020 through March 1,
2021. (Administration)
11. APPROVED UNANIMOUSLY. Action/Approval - Lease Assignment of Lot 3, Block 4,
General Aviation Apron from DeWayne Benton to Joel Caldwell. (Administration)
12. Discussion - City Response to COVID-19. (City Manager)
13. AMENDED UNANIMOUSLY. Resolution No. 2020-22 - Authorizing the City of Kenai to
Issue General Obligation Refunding Bonds in the Principal Amount of Not to Exceed the
Sum of $1,250,000 to Refund Certain Outstanding General Obligation Bonds of the City,
Fixing Certain Details of Such Bonds and Authorizing Their Sale. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
Kenai City Council - Regular Meeting Page 5 of 5
June 17, 2020
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
M. PENDING ITEMS
1. Ordinance No. 3127-2020 - Repealing and Replacing Kenai Municipal Code Title 6 -
Elections to Provide Clarity, Process Improvements, and Increase Voter Accessibility
through Vote By Mail Elections. (Council Member Peterkin)
2. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For A Record Retention Length. (City Clerk)
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
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.
Join Zoom Meeting
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Meeting ID: 834 5460 1964 Password: 424518
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Dial in by your Location: (253) 215-8782 or (301) 715-8592
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CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE JUNE 17, 2020
KENAI CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s)
and/or Resolution(s) at the above-referenced meeting .
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3117-2020-Appropriating Funds
in the Airport Fund, Accepting a Grant From the Federal Aviation Administration and
Appropriating Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow
Removal Equipment (SRE)-Loader with Attachments . (Administration) [Clerk's Note: At the
May 20 Meeting, this item was Postponed to the June 17 Council Meeting. A Motion to Enact is
On the Floor.]
•Substitute Ordinance No. 3117-2020 -Accepting and Appropriating an Airport Improvement
Program Grant from the Federal Aviation Administration in the Airport Equipment Capital
Project Fund and Awarding a Contract for the Purchase of Snow Removal Equipment (SRE)
-Loader with Attachments.
2. ENACTED UNANIMOUSLY. Ordinance No. 3131-2020 -Amending the Official Kenai Zoning
Map by Rezoning a Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP
Country Estates Subdivision Part 5 from Rural Residential (RR) to Limited Commercial (LC).
(Administration)
3. ENACTED UNANIMOUSLY. Ordinance No. 3132-2020 -Increasing Estimated Revenues and
Appropriations by $454.84 in the General Fund -Police Department for Drug Investigation
Overtime Expenditures. (Administration)
4. ENACTED UNANIMOUSLY. Ordinance No. 3134-2020 -Appropriating Funds in the Water &
Sewer Improvement and Wastewater Treatment Facility Improvement Capital Project Funds for
FY2021 Capital Improvement Plan Projects. (Administration)
5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3135-2020 -Appropriating
FY2020 Budgeted Funds in the Kenai Multipurpose Facility Improvements Capital Project Fund
for Installation of an Exhaust Fan and Corrosion Remediation. (Administration)
6. ENACTED UNANIMOUSLY. Ordinance No. 3142-2020 -Increasing FY2021 Estimated
Revenues and Appropriations in the General, Personal Use Fishery Special Revenue, and
Senior Citizen Special Revenue Funds for FY2021 Insurance Coverage. (Administration)
1. Motion for Introduction
2 . Motion for Second Reading (Requires a Unanimous Vote)
3 . Motion for Adoption (Requires Five Affirmative Votes)
7 . ADOPTED UNANIMOUSLY. Resolution No. 2020-41 -Approving a Lease Renewal of Airport
Reserve Lands Between the City of Kenai and Kenai Aviation Service, Inc. d/b/a Aviation
Services, for Lot 1A, Block 1, General Aviation Apron Subdivision No. 6 . (Administration)
8 . ADOPTED UNANIMOUSLY. Resolution No. 2020-42 -Authorizing the Binding of Insurance
Coverage for the City for the Period of July 1, 2020 through June 30, 2021 and Authorizing
Execution of a Three-Year Agreement for Insurance Coverage. (Administration)
9 . ADOPTED UNANIMOUSLY Resolution No . 2020-43 -Awarding a Contract for Janitorial
Services at the Kena i Municipal Airport. (Administration)
10. ADOPTED UNANIMOUSLY. Resolution No. 2020-44 -Authorizing a Budget Revision in the
General Fund , Fire Department for the Purchase of Self-Contained Breathing Apparatus Bottles.
(Administration)
11 . ADOPTED. Resolution No. 2020-45 -Naming the City of Kenai 's Wildlife Viewing Platform , the
"Tarbox Wildlife Viewing Platform." (Vice Mayor Molloy)
12. ADOPTED UNANIMOUSLY. Resolution No. 2020-46 -Authorizing the City Manager to
Prepare and Execute an Amendment to the City of Kenai's Participation Agreement with the
Public Employees' Retirement System (PERS) to Remove the Recreation Center Assistant
Class of Employees from Participation Effective November 1, 2003. (Administration)
13. ADOPTED UNANIMOUSLY. Resolution No. 2020-47 -Authorizing the City Manager to
Prepare and Execute an Amendment to the City of Kenai's Participation Agreement w ith the
Public Employees' Retirement System (PERS) to Remove the Visitor Center Assistant and
Janitor Classes of Employees from Participation Effective July 1, 2020 . (Adm in istration)
14. ADOPTED UNANIMOUSLY. Resolution No. 2020-48 -Authorizing An Agreement For
Professional Engineering Services To Begin Development Of The New Master Plan For The
Waste Water Treatment Facility. (Administration)
15 . ADOPTED UNANIMOUSLY. Resolution No. 2020-49 -Approving a Conversion of Airport
Reserve Lands Described as Lots 2 and 3, Block 5, General Aviation Apron Subdivision No. 1
Amended with SOAR International Ministries , Inc. and Approving of Temporary Development
Incentives. (Administration)
16. ADOPTED UNANIMOUSLY. Resolution No. 2020-50 -Authorizing the City Manager to
Execute an In-Kind Memorandum of Understanding with the Department of the Army for Design
Work Prior to Execution of a Design Agreement for the Kenai Bluff Stabi lization Proje ct.
(Administration)
17 . AMENDED UNANIMOUSLY. Resolution No. 2020-22 -Authorizing the City of Kenai to Issue
General Obligation Refunding Bonds in the Principal Amount of Not to Exce ed the Sum of
$1,250,000 to Refund Certain Outstanding General Obligation Bonds of the City, Fix ing Certain
Details of Such Bonds and Authorizing Their Sale. (Administration)
Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk.
Please be advised, subject to legal limitations, ordinances and /or resolutions may have been
amended by the Council prior to adoption without further public notice .
NOTICE OF PUBLIC HEARING
JUNE 17, 2020
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a publ ic hearing
on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date:
1. Ordinance No. 3117-2020 -Appropriating Funds in the Airport Fund , Accepting a Grant
From the Federal Aviation Administration and Appropriating Funds in the Airport
Equipment Capital Project Fund for the Purchase of Snow Removal Equipment (SRE) -
Loader with Attachments. (Administration) [Clerk's Note: At the May 20 Meeting, this
item was Postponed to the June 17 Council Meeting. A Motion to Enact is On the
Floor.]
•Substitute Ordinance No. 3117-2020 -Accepting and Appropriating an Airport
Improvement Program Grant from the Federal Aviation Administration in the Airport
Equipment Capital Project Fund and Awarding a Contract for the Purchase of Snow
Removal Equipment (SRE) -Loader with Attachments.
2. Ordinance No. 3131-2020 -Amending the Official Kenai Zoning Map by Rezoning a
Portion of S1/2 SE1/4 SW1/4 Lying North of K-Beach Road Excluding VIP Country
Estates Subdivision Part 5 from Rural Residential (RR) to Limited Commercial (LC).
(Administration)
3. Ordinance No. 3132-2020 -Increasing Estimated Revenues And Appropriations by
$454.84 in the General Fund -Police Department for Drug Investigation Overtime
Expenditures. (Administration)
4. Ordinance No. 3133-2020 -Authorizing a Budget Transfer in the Airport Terminal
Improvement Capital Project Fund and Appropriating FY2020 Budgeted Funds in the
Airport Master Plan Capital Project, Airport Snow Removal Equipment and Airport
Operations Facility Improvement Capital Project Funds for Heating , Ventilation and Air
Conditioning (HVAC) Improvement to the Airport Operations Facility and Replacement
of the Airport's Wide Area Mower. (Administration)
•Substitute Ordinance No. 3133-2020 -Increasing Estimated Revenues and
Appropriations in the Airport Special Revenue Fund, Authorizing a Budget Transfer in
the Airport Terminal Improvement Capital Project Fund and Appropriating FY2020
Budgeted Funds in the Airport Master Plan Capital Project, Airport Snow Removal
Equipment and Airport Operations Facility Improvement Capital Project Funds for
Heating, Ventilation and Air Conditioning (HVAC) Improvement to the Airport
Operations Facility and Replacement of the Airport 's Wide Area Mower.
5. Ordinance No. 3134-2020 -Appropriating Funds in the Water & Sewer Improvement
and Wastewater Treatment Facility Improvement Capital Project Funds for FY2021
Capital Improvement Plan Projects. (Administration)
6. Ordinance No. 3135-2020 -Appropriating FY2020 Budgeted Funds in the Kenai
Multipurpose Facility Improvements Capital Project Fund for Installation of an Exhaust
Fan and Corrosion Remediation . (Administration)
7. Ordinance No. 3142-2020 -Increasing FY2021 Estimated Revenues and
Appropriations in the General , Personal Use Fishery Special Revenue , and Senior
Citizen Special Revenue Funds for FY2021 Insurance Coverage. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
8. Resolution No. 2020-41 -Approving a Lease Renewal of Airport Reserve Lands
Between the City of Kenai and Kenai Aviation Service , Inc. d/b/a Aviation Services,
for Lot 1A, Block 1, General Aviation Apron Subdivision No. 6 . (Administration)
9. Resolution No. 2020-42 -Authorizing the Binding of Insurance Coverage for the City
for the Period of July 1, 2020 through June 30, 2021 and Authorizing Execution of a
Three-Year Agreement for Insurance Coverage. (Administration)
10. Resolution No. 2020-43 -Awarding a Contract for Janitorial Services at the Kenai
Municipal Airport. (Administration)
11. Resolution No. 2020-44 -Authorizing a Budget Revision in the General Fund, Fire
Department for the Purchase of Self-Contained Breathing Apparatus Bottles.
(Administration)
12 . Resolution No. 2020-45-Naming the City of Kenai's Wildlife Viewing Platform, the
"Tarbox Wildlife Viewing Platform." (Vice Mayor Molloy)
13. Resolution No. 2020-46 -Authorizing the City Manager to Prepare and Execute an
Amendment to the City of Kenai's Participation Agreement with the Public Employees'
Retirement System (PERS) to Remove the Recreation Center Assistant Class of
Employees from Participation Effective November 1, 2003. (Administration)
14. Resolution No. 2020-47 -Authorizing the City Manager to Prepare and Execute an
Amendment to the City of Kenai's Participation Agreement with the Public Employees'
Retirement System (PERS) to Remove the Visitor Center Assistant and Janitor Classes
of Employees from Participation Effective July 1, 2020. (Administration)
15. Resolution No. 2020-48 -Authorizing An Agreement For Professional Engineering
Services To Begin Development Of The New Master Plan For The Waste Water
Treatment Facility. (Administration)
16. Resolution No. 2020-49 -Approving a Conversion of Airport Reserve Lands Described
as Lots 2 and 3, Block 5, General Aviation Apron Subdivision No . 1 Amended with
SOAR International Ministries, Inc. and Approving of Temporary Development
Incentives. (Administration)
17. Resolution No. 2020-50 -Authorizing the City Manager to Execute an In-Kind
Memorandum of Understanding with the Department of the Army for Design Work Prior
to Execution of a Design Agreement for the Kenai Bluff Stabilization Project.
(Administration)
The public hearing will commence at 6:00 p.m ., or as soon thereafter as business permits. All
interested persons are invited to attend the meeting telephonically/virtually and participate in the
public discussion. See the agenda for additional information. Written comments may be sent to
the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai , AK, 99611 .
J mie Heinz, CMC, City Clerk
Po d : June 12, 2020