HomeMy WebLinkAbout2020-09-02 Council Packet
Kenai City Council - Regular Meeting Page 1 of 4
September 02, 2020
Kenai City Council - Regular Meeting
September 02, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
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)
1. Twyla Mundy - Plan of Action-Need for Cold-Weather Shelter, Temporary Housing.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 3155-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Improvements Capital Project Fund and Accepting a Grant from The Federal
Aviation Administration for Phase One Construction of a New Sand Storage Facility.
(Administration)
2. Ordinance No. 3156-2020 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Water and Sewer Improvements Capital Project
Funds and Awarding a Construction Agreement for Improvements to the Wasting Activated
Sludge Pumps at the Waste Water Treatment Plant. (Administration)
3. Ordinance No. 3157-2020 - Amending Kenai Municipal Code Section 1.85.010 – Report of
Financial and Business Interests, to Allow for Certification by Municipal Officers that a
Previously Filed Statement of Disclosure Remains Accurate and Approving an Alternate
Certification. (Vice Mayor Molloy)
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Kenai City Council - Regular Meeting Page 2 of 4
September 02, 2020
4. Resolution No. 2020-73 - Further Extending the Disaster Emergency Declaration for the
City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency.
(Administration) [Clerk's Note: Ordinance No. 3158-2020 is contingent upon this resolution
being adopted.]
5. Ordinance No. 3158-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 CARES Act Recovery Fund and Accepting a CARES Act Grant Passed Through
the Kenai Peninsula Borough. (Administration)
6. Resolution No. 2020-70 - Amending the City’s Grant Disbursement Program for Small
Businesses and Non-Profit Organizations Utilizing Funds from the Coronavirus Aid, Relief,
And Economic Security (CARES) Act and Authorizing the City Manager to Enter into
Agreements with Alaska Housing Finance Corporation (AHFC) for Housing Relief Program
Administration and with the Kenai Peninsula Food Bank for Food Distribution in
Kenai. (Administration)
7. Ordinance No. 3159-2020 - Accepting and Appropriating a Municipal Arts & Culture
Matching Grant from the Rasmuson Foundation in the COVID-19 CARES Act Recovery
Fund. (Administration)
8. Ordinance No. 3160-2020 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue and the Airport Equipment Capital Project Fund and Decreasing
Revenues and Appropriations in the Airport Equipment Capital Project Fund for Costs
Ineligible Under the Federal Aviation Administration's Airport Improvement Grant Program
for the Purchase of Snow Removal Equipment (SRE) - Loader With Attachments.
(Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
9. Ordinance No. 3161-2020 - Increasing Estimated Revenues and Appropriations in the
COVID-19 Cares Act Recovery Fund and Accepting a CARES Act Grant Passed through
the Kenai Peninsula Borough for Kenai Senior Center Expenditures in Response to the
COVID-19 Public Health Emergency. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
10. Resolution No. 2020-71 - Approving an Airline Operating Agreement and Terminal Area
Lease with Corvus Airlines, Inc., D/B/A Ravn Alaska. (Administration)
11. Resolution No. 2020-72 - Approving the Execution of a Forty-Five Year Lease of Airport
Reserve Lands Using the Standard Lease Form Between the City of Kenai and Alaska Air
Fuel, Inc., for a Portion of Lot 5, FBO Subdivision No. 8. (Administration)
12. Resolution No. 2020-74 - Amending the Agreement for Emergency Services Training and
Clinical Experiences with the University of Alaska to Accommodate Overnight Stays and
Update Insurance Requirements. (Administration)
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Kenai City Council - Regular Meeting Page 3 of 4
September 02, 2020
13. Resolution No. 2020-75 - Adopting Joint Resolution No. 2020-001 of the Assembly of the
Kenai Peninsula Borough and Councils of the City of Kenai and City of Soldotna
Encouraging All Residents to Take the Necessary Precautions and Follow the
Recommended Preventative Measures of the CDC to Reduce the Spread of COVID-19 in
Our Community During the Public Health Emergency. (Mayor Gabriel)
E. MINUTES
1. *Regular Meeting of August 19, 2020. (City Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
2. *Action/Approval - Purchase Orders Over $15,000. (Administration)
3. *Ordinance No. 3162-2020 - Amending Municipal Code Section 23.50.010 – Employee
Classification, to Amend a Class Title in the Supervisory and Professional Class.
(Administration)
4. Action/Approval - Amending an Employment Agreement between the City of Kenai and
City Clerk, Jamie Heinz, to Extend the Agreement. (Mayor Gabriel)
5. Action/Approval - Special Use Permit to Boys and Girls Club of the Kenai Peninsula for
Temporary Use of Facilities at the Fire Training Facility. (Administration)
6. Discussion - Response to COVID-19. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
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Kenai City Council - Regular Meeting Page 4 of 4
September 02, 2020
L. EXECUTIVE SESSION
1. Review and Discussion of the Terms of Employment Agreements for the City Manager, City
Attorney, and City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends
to Prejudice the Reputation and Character of the City Manager, City Attorney, and City Clerk
and per AS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have an
Adverse Effect Upon the Finances of the City.
a. Action/Approval – Amending an Employment Agreement between the City of Kenai
and City Attorney, Scott Bloom. (Mayor Gabriel)
b. Action/Approval - Amending an Employment Agreement between the City of Kenai
and City Manager, Paul Ostrander. (Mayor Gabriel)
c. Action/Approval - Amending an Employment Agreement between the City of Kenai
and City Clerk, Jamie Heinz. (Mayor Gabriel)
M. PENDING ITEMS
1. Substitute 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) [Clerk's Note: At
the August 19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion
to enact is on the floor.]
2. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For A Record Retention Length. (City Clerk) [Clerk's Note: At the August
19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion to enact is
on the floor.]
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. ROSSIA Correspondence.
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
https://us02web.zoom.us/j/81708470559
Meeting ID: 817 0847 0559 Passcode: 216291
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 817 0847 0559 Passcode: 216291
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KENAI PENINSULA
2020 PROJECT HOMELESS CONNECT
REPORT
No one deserves to lose hope
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The Homeless Action Coalition is proud to report on the Kenai Peninsula’s 9th Annual Project
Homeless Connect event held at the Soldotna Sport’s Center on January 29, 2020. Our success
is due to the collaborative effort between service providers, the private sector, volunteers, and
the community members.
A special thank‐you to the following:
Event Co‐Chairs: Kathy Gensel & Frank Alioto Provider Services: Leslie Rohr
Check In/Out: Cheri Smith & Melissa Kline Publicity: Jodi Stuart
Donations: Melissa Kline & Kellie Bartelmay Volunteers: Beth Selby
Transportation: Brent Hibbert & Taylor Cochran Food: Sharon Kelly
Fundraising: Kathy Gensel & Marta Taylor Logistics: Kathy Gensel & Frank Alioto
Vendors and individuals providing services to homeless individuals (34):
ABC Life Choices Kenai Public Health
Alaska Housing Finance Corporation Kenai Vet Center
C.A.R.T.S Kenaitze Indian Tribe
CICADA Ladies First
Change 4 the Kenai Love, INC.
Division of Public Assistance Mountain Magic Massage
Division of VOC Rehab Peninsula Community Health Services
Division of Voter Registration (DVR)Peninsula Job Center
Freedom House Peninsula Spay & Neuter
Friendship Mission Peninsula Youth Encouraging Alaskan’s Health
GCI Soldotna Professional Pharmacy
Independent Living Center Soldotna Rotary
Kenai/Soldotna Lions The LeeShore Center
Kenai Peninsula College Twin Cities Veterinary Services
Kenai Peninsula Food Bank Sinshearly
Kenai Peninsula Massage Therapy Susan Smalley
Kenai Peninsula Re‐Entry Coalition 2020 Census
Demographics of Population Served
One hundred forty‐eight (148) individuals participated in the PHC event. Data compiled below
is based on 147 individuals who provided a signed Release of Information. The total household
number based on participant input was 316. There were a total of 13 dogs that received care
during the event.
A total of 67% reported this was their first time participating in the Kenai Peninsula Project
Homeless Connect event.
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Gender
Age
Frequency Percent
Less than 18 0 0
18 ‐ 24 4 3%
25 ‐ 44 59 40%
45 – 64+84 57%
Total 147 100%
Race
Frequency Percent
American Indian / AK Native 37 25%
Asian 0 0
Black / African American 1 1%
Hawaiian/Pacific Islander 2 1%
White 106 72%
Don’t Know/Refused 1 1%
Total 147 100%
Ethnicity
Frequency Percent
Hispanic or Latino 10 7%
Non‐Hispanic / Non‐Latino 135 92%
Don’t Know/Refused 2 1%
Total 147 100%
Veteran
Frequency Percent
Yes 11 8%
No 136 92%
Total 147 100%
Frequency Percent
Male 71 48%
Female 76 52%
Trans Female 0 0
Trans Male 0 0
Gender Non‐Conforming 0 0
Total 147 100%
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Household Type
Frequency Percent
Adult Household (no children)126 86%
Household w/adults & children 21 14%
Household w/only youth 0 0
Total 147 100%
Head of Household
Frequency Percent
Self 144 98%
Head of Household’s partner 2 1%
Head of Household’s child 0 0
Other relation member 0 0
Non‐relation member 1 1%
Total 147 100%
Health Insurance
Frequency Percent
Yes 129 88%
No 18 12%
Total 147 100%
Disabling Conditions
Frequency Percent
Alcohol Abuse 7 7%
Chronic Health Condition 44 43%
Drug Abuse 9 9%
Mental Health Problem 48 47%
Both Alcohol / Drug Abuse 17 17%
Developmental 10 10%
HIV/AIDS 1 1%
Physical 30 29%
**Percentages above based on 103 individuals (70%) who disclosed one or more conditions affecting
ability to retain housing.
Income Received Last 30 Days
Frequency Percent
Alimony/Spousal Support 0 0
TANF 6 9%
Child Support 0 0
Earned Income 15 23%
General Assistance 21 32%
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Pension/Retirement 2 3%
Private Disability Insurance 0 0
SSDI (Disability)15 23%
SSI (Supplemental)15 23%
Retirement from SSI 1 1%
VA Service Disability
Compensation
2 3%
VA Non‐Service Disability
Compensation
0 0
Unemployment 5 7%
Worker’s Compensation 0 0
Other 3 4%
No Income 81 55%
**Percentages are based on 66 individuals (45%) who responded with one or more income
source
Victim of Domestic Violence
Frequency Percent
Yes 67 46%
No 79 53%
Refused 1 1%
Total 100 100%
**Of those who responded as victims: 79% were female and 21% were male
If Yes to Above, Fleeing Domestic Violence
Frequency Percent
Yes 13 19%
No 54 81%
Total 67 100%
**Percentages are based on 67 individuals who responded as victims of domestic violence
Primary Alaska Regional Corporation
Frequency Percent
Ahtna Corp.2 1%
Aleut Corp.1 1%
Arctic Slope Regional 0 0
Bering Straits 0 0
Bristol Bay Native Corp.6 5%
Calista Corp.9 6%
Chugach Alaska Corp.0 0
Cook Inlet Regional 5 3%
Doyon Limited Corp.2 1%
Koniag Incorp.2 1%
NANA Regional Corp.0 0
Sealaska 3 2%
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13th Regional Corp. 0 0
N/A 117 80%
Total 147 100%
Eviction Notice Received This Month
Frequency Percent
Yes 7 5%
No 140 95%
Total 100 100%
Ever in Foster Care System
Frequency Percent
Yes 29 20%
No 118 80%
Total 147 100%
Years in Foster Care
Frequency Percent
Weeks 1 1%
Months 1 1%
Year(s)24 16%
N/A 121 82%
Total 147 100%
**Range in years spent in foster care: 1 to 18 years
Prior Project Homeless Connect Events Attended
Frequency Percent
1st Time (0 prior)98 67%
1Time 24 16%
2 Times 11 7%
3 Times 6 4%
4 Times 4 3%
5 Times 3 2%
6 Times 0 0
7 Times 0 0
8 times 0 0
9 times 1 1%
Total 147 100%
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Slept Prior Night
Frequency Percent
Homeless:
Place not habitable 20 14%
Emergency Shelter 4 3%
Institutional:
Foster Care / Group Home 1 1%
Jail/Prison, Juvenile Facilty 1 1%
Psychiatric Hospital / Facility 0 0
Long‐term care/nursing home 0 0
Substance Abuse TX Center 4 3%
Transitional/Permanent
Residential or Halfway house 0 0
Motel or Hotel 3 2%
Transitional Housing/youth 14 9%
Host home (non‐crisis)2 1%
Staying w/friends 34 23%
Staying w/family 19 13%
Rental – GPD TIP subsidy 1 1%
Rental – VASH subsidy 2 1%
Permanent housing for formerly
homeless
4 3%
Rental w/RRH or subsidy 0 0
Rental w/HCV voucher 1 1%
Rental – public housing unit 7 4%
Rental – no subsidy 18 12%
Rental ‐ subsidy 4 3%
Owned by client 4 3%
Owned ‐ subsidy 2 1%
Refused 2 1%
Total 147 100%
Duration of Homelessness
Homeless
One night or less 0 0
Two to six nights 1 1%
1 week or more (less 1 month)3 2%
1 month or more (less 90 days)1 1%
90 days or more (less 1 year) 5 3%
One year or more 13 9%
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Institutional
One night or less 0 0
Two to six nights 0 0
1 week or more (less 1 month) 2 1%
1 month or more (less 90 days) 2 1%
90 days or more (less 1 year) 1 1%
One year or more 1 1%
Temporary/Permanent
One night or less 4 3%
Two to six nights 12 8%
1 week or more (less 1 month)12 8%
1 month or more (less 90 days)16 11%
90 days or more (less 1 year) 25 17%
One year or more 46 31%
N/A 3 2%
Total 147 100%
Homeless Episodes – Past 3 Years
Frequency Percent
1 time 35 24%
2 times 12 8%
3 times 9 6%
4 or more 35 24%
N/A 56 38%
Total 147 100%
Total Number of Months Homeless in past 3 years
Frequency Percent
1 – 3 months 23 16%
4 – 6 months 12 8%
7 – 11 months 4 2%
12 or more months 45 31%
N/A 63 43%
Total 147 100%
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Supplemental Questions
Number of Individuals in Household
Age 18 and Over 268
Age 17 and Under 48
Total 316
Primary Reason for Homelessness
Frequency Percent
Loss of Job 30 20%
Work hours cut 4 3%
Rent / Utility Increase 4 3%
Lease Violation 0 0
Illness / Injury 16 11%
Substance Abuse 10 7%
Domestic Violence 17 12%
Family Dispute 2 2%
Aged out Foster Care 1 1%
Jail / Prison Release 7 4%
Treatment Center Release 3 2%
Loss of Roommate 4 3%
Divorce 5 3%
Eviction 9 6%
New to Community 3 2%
**Other (see below)27 18%
N/A or Refused 5 3%
Total 147 100%
**Other includes: Loss of property, lack money, loss of spouse, lost green card, probate issues, health
related, mental health, family issues, unemployed, lack resources, can’t afford to rent month to
month, house condemned by earthquake, borough dispute about dwelling and location, family
member passed away, lost veterans benefits, can’t afford anything.
Form of Transportation
Frequency Percent
Own Vehicle 61 42%
Friend/Family Member 33 22%
Public Transport 3 2%
Taxi 3 2%
Walk / Ride Bike 42 29%
Hitchhike 2 1%
N/A 3 2%
Total 147 100%
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How did you get to event today?
Frequency Percent
Bus 0 0
Drove Self 55 37%
Drove w/Others 68 47%
Walk / Ride Bike 13 8%
Hitchhiked 3 2%
Taxi 7 5%
N/A 1 1%
Total 147 100%
Would you use a community bus route system?
Frequency Percent
Yes 140 95%
No 3 2%
N/A 4 3%
Total 147 100%
Interested in Narcan Kit
Frequency Percent
Yes 45 31%
No 102 69%
Total 147 100%
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Participant Exit Surveys = 122 out of 148 individuals (82%)
Rating Excellent Very Good Fair Poor
The event was helpful to me.93 (76%)26 (21%)3 (3%)
I felt respected and
supported.
99 (81%)21 (17%)2 (2%)
Service Providers were
friendly and helpful.
105 (86%)15 (12%)2 (2%)
I learned about more
resources and services in
community.
91 (75%)28 (22%)2 (2%) 1 (1%)
Participant Exit Questions
Most helpful Services: housing, firewood options, Lion’s Club, Love, INC., massages, PCHS, the
volunteers feeding us, all services were helpful, food, spay & neuter, Alaska housing, haircuts,
Freedom House, dog food and vet, Food Bank, GCI, SNAP, clothing, Job Center, Re‐Entry
program, medical assistance, veterinarian services, men’s haircuts, CARTS, laundry voucher,
Kenaitze, everyone we visited was very helpful, KPC, Independent Living Center, Ladies First,
Quitline, Prayer area, blanket, towels, hygene, clothing, VOC Rehab, PAO, Narcan, gynecology
exam, Change 4 the Kenai, talked with a gentleman about my grieving and where to get
support, Public Health, flu shot, disability, information to get my cat neutered, LeeShore, ABC
Pregnancy, ADRC, shower vouchers, medical.
Services Needed but Not Provided: Chiropractic, boots, legal help, mental health, men’s
housing, fuel/gas, ID, foot care, women’s snow boots and jackets, lifeline phone, clothing, PCA,
information on how to direct homeless people to the right resources, care coordinator, replace
lower dentures.
Heard about the Event from: friends, newspaper, word of mouth, mom, Love, INC., flyers, AA,
church, Facebook, family, Pastor Karen Tichenor, radio, TLC, people and from last year, Food
Bank, Kenaitze, police department, ILC sign, Department of Labor, boyfriend, staff, went last
year, Freedom House, email from vocational office, PCHS counselor, community, been coming 5
years, flyers through VA rep., friend I rode with, flyers by bathrooms, signs by intersection
lights, the shelter I live in, we spread the word by whispering ear to ear – you open and we will
come, this is my third year, Friendship Mission.
Would you use an Emergency Cold Weather Shelter in community if available?
Yes = 109 (90%)No = 8 (6%)NA = 5 (4%)
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Suggestions for notifying people about the Cold Weather Shelter: Radio station, KSRM, social
media, word of mouth, keep in programs of AA, NA and churches, haircuts, bulletin boards at
Safeway and Frey Meyer, phone, notice at Kenai Job Service, text, posters, pamphlets, jail, Food
Bank, signs, cab drivers, the business next to the old Italian Garden (next to Salvation Army),
post everywhere, cousin’s friend, emergency contact memo,
Other Comments:
It’s very good to see the community and the homeless connect with each other in these
times of hardships. A blessing to all. Thank you.
Was happy to attend.
Thank you all!
Amazing job – thank you!
I got here late but this event is critical for the area – thank you!!
Thank you!
Thank you – God Bless!
Thanks and volunteers were awesome.
Great job – excellent food.
Very helpful to my needs.
Overwhelming crowd.
This was very nice. Thank you all.
Keep up the good work.
Love how the community gets together to help those in need.
It’s a good thing for the community.
Just want to say thank you.
Food was helpful.
Love the program.
Community needs public bus services.
Questions too personal at intake – last 4 of social too personal.
All are awesome.
Ya’ll are awesome!
Really wish there were a cold weather shelter and local bus route.
Thank you so much to all who donated time and items – very grateful.
Thank you very much!
Thank you for your time – it was absolutely amazing.
Need buses and GCI in Kenai.
Great job.
Thanks for the help.
I love this program – thank you.
Very good to have.
First time to an event like this – it was great, thank you!
Very good event for the community and thank you all for everything.
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Everyone was so helpful and happy.
Need more supplies for babies.
This is amazing service.
This is my third year and look forward to it.
Women and children’s shelter for women that aren’t domestic violence.
We really like all the services.
Keep up the excellent job.
Thank you all and God bless.
It was all very helpful – thank you so much!
This was very helpful and I will be here next year.
The organization of this activity has been much better that in the past.
Wonderful experience.
Thank you ‐ so very helpful for the community!
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Our gratitude and thanks to all the following volunteers, vendors, and donors who helped
make this event possible!
VOLUNTEERS
Abby Struffert Fred Koski Marti Slater
Adele Tracey Gail Kennedy Marquitta Andrus
Alaska Christian College Georganne Roberts Mary Bell
Alecia Gottlob Grace Richmond Mary Madera
Alexis Cole Greg Meyer Mary Starrs Armstrong
Alexis Wells Haiden Wilkinson Mathyas Smith
Allie McGahan Hal Smalley Megan Silta
Allison Bushnell Hallie Fisher Melissa Cline
Amorette Payment Hanah Burrell Melissa Daugherty
Amy Lynn Burdett Belue Hannah Leaders Melody Buhr
Anastasia Monyahan Heather Rasch Michelle Blackwell
Andrew Pieh Howard Hill Mike Major
Andy Knapp Jackie Scurlock Mike Petty
AnnaMae Gilliam Jason Bohac Missy Nelson
Annette Hubbard Jeannette Kimes Morganette Finch
Annie Burns Jeannine Morse Nancy Henning
Anthony Alvey Jenipher Young Natalie Merrick
April Hall Jenna Barry Natalya Oskolkoff
Ashley Blatchford Jennifer Aamodt Pamela Howard
Ashley Fann Jennifer Beckmann Patricia Haywood
Ashley Kreider Jennifer Waller Patrick Tassell
Audre Hickey Jennifer Wood Patty Eissler
Avery Ciufo Jennifer Youngberg Paul Echin
Bailey Conner Jerri Scott Raven Willoyz‐Williams
Barbara Norbeck Jill Dufloth Rebecca Hall
Barbara Trombley Jolene Riske Regan Evans
Bessie Phillip Jodi Stuart Renee Lipps
Beth Selby Josie Josephson Rick Oelrich
Bethany Warner Judy Dexter Robin Barry
Betty Harris Judy Fandrei Roger Branson
Bill Kelley Judy Nugent Ron Engebretson
Bobbi Jedlicki Justin Ruffridge Ronda Oglesby
Bobbi Stelljes Kaitlyn Farmer Rose Kimbrell
Brenda Chamness Kambree Whitton Sally Oelrich
Brent Hibbert Karen Martin‐Tichenor Samantha Haakenson
Briana Hoge Kasilof Community Church Sarah Rozak
Brooke Walters Kathy Gensel Sarge Truesdell
Caitlin Sparks Katie Cowgill Scott Belue
Cami Zifko Katie Derleth Scott Pitsch
Carol Anderson Kaytlin McAnelly Selena Payment
Charles Kuhlmann Kelley Kress Shannon Logan
Chelsey Carter Kellie Bartelmay Shannon Schjoll
Cheri Smith Kelly Whitmore Shari Connor
Cindy Rombach Kiara Forkner Sharon Kelly
Claire Calhoun Kimberly Earll Sheilah‐Margaret Pothast
Clayton Dempster Kimberly Haviland Sherly Carroll
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Dan Gensel Kit Hill Sherra Pritchard
Danika Buffan Lara McGinnis Sherry Martinovich
Danyelle Wight Laurie Walters Sonia Seay
Dawn Kelly‐Larson LeeAnne Crafton Stacie Hopper
Debra Martin Leonardo Bongolto Stephanie Hunt
Denise Owens Leslie Rohr Susan Smalley
Derek Black Lexi Wells Susie Allen
Derrick Jones Lin Kennedy Tatum Rozak
Diane Fielden Linda Kendall Taylor Cochran
Don Thompson Linda Sipes Taylor McNeel
Donn Wells Linda Tannehill Terri Kunz
Doreen Borkowski Lindsey Anasogak Terri Scott
Doug Grzybowski Linzey White Tiffany Blanchard
Duane Jennings Lucas Netherland Tiffney Carlson
Emily Alvey Lydia Hopper Timothy Cole
Emily Knight Madison Govin Twyla Bentley
Erik Gordon Margie Outterson Valerie Rosin
Erin Martin Mark Larson Zachary Buckbee
Frank Alioto Marta Taylor
IN‐KIND DONATIONS
Addie Camp Kenai United Methodist Church
Alaska’s Best Water Kendall Ford/Chrysler
Alaska Cab KPAL
Arby’s Louie’s Restaurant
Bark Appeal, Inc. Marathon Petroleum
Bearly Threaded Quilting Too Midnight Son Seventh Day Adventist Church
Bishop’s Attic Moira Pyhala
Central Peninsula Hospital Odom Corporation
City of Soldotna Odie’s
Christ Lutheran Church Papa John’s Pizza
Coca Cola of Alaska Pizza Boys
Coffee Express Quilters for Cause
Everything Bagels Save U More
Fine Thyme Shellie Saner
First Baptist Church Skyview Middle School Student Council
Fred Meyer Soldotna Chamber of Commerce
Friendship Mission Soldotna Church of God
Gold Paw Series Soldotna Trustworthy Hardware and Fishing
Hilcorp Soldotna United Methodist Church
Independent Living Center Sophie Sorensen ‐ Miss Alaska Collegiate 2020
Jeanne Acton Terri Kunz
Kaladi Brothers The LeeShore Center
Kenai Chamber of Commerce Three Bears
Kenai Kennel Club Twin Cities Veterinary
Kenai Peninsula Food Bank Wildwood Inmate Program
Kenai Peninsula Re‐Entry Coalition
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CASH DONATIONS
Alaska Housing Finance Corporation Kenai Peninsula CHARR, Inc.
Alaska Mental Health Trust Authority Kenai Peninsula Foundation
American Legion Auxiliary 20 North Star United Methodist Church
Bishop’s Attic VFX Auxiliary Post 10046
City of Kenai
We sincerely apologize if we have missed any donor or volunteer
Endnote: Data was secured through the PHC event held on January 29, 2020.
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Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3155-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT IMPROVEMENTS
CAPITAL PROJECT FUND AND ACCEPTING A GRANT FROM THE FEDERAL AVIATION
ADMINISTRATION FOR PHASE ONE CONSTRUCTION OF A NEW SAND STORAGE
FACILITY.
WHEREAS, On August 10, 2020 a formal Invitation to Bid was released in coordination with the
Federal Aviation Administration for the construction of a new 5600sf Sand Storage Facility for the
Kenai Municipal Airport, with Bids due on August 31, 2020; and,
WHEREAS, The City received the following bids with __________ being determined to be the
lowest responsive and responsible bidder
Contractor Phase 1 Bid Phase 2 Bid Total Bid
; and,
WHEREAS, the Project is being awarded in two phases, with Phase 1 consisting of site civil work
which is anticipated to take place in the Fall of 2020. Phase 2 consists of the complete building
package and all other work anticipated for a Spring 2021 start and Fall 2021 completion; and,
WHEREAS, the phasing is intended to provide the City with the largest funding available from the
Federal Aviation Administration (FAA), with CARES Act funds anticipated to cover the City’s
6.25% share of Phase 1 costs, and Airport Entitlements for 2020 covering the remaining costs;
and,
WHEREAS, Phase 2 will be awarded under a separate Ordinance in early 2021 in anticipation of
receiving an FAA grant for the remaining costs using the Airport entitlements for 2021 and if
necessary, FAA discretionary funds with the City’s share being 6.25% unless there are CARES
Act funds remaining, whereby there would not be a City match required; and,
WHEREAS, Council should anticipate the City needing to fund Phase 2 initially to allow the
building package to be ordered in time for a summer installation, with an FAA grant anticipated
for May 2021 where the City will be reimbursed; and,
Page 21
Ordinance No. 3155-2020
Page 2 of 3
WHEREAS, failure to forward fund the project will likely result in the construction carrying into
next winter and would increase overall construction costs; and,
WHEREAS, the Federal Aviation Administration (FAA) and City Staff are in agreement that this
path is the most beneficial to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to accept grant funding from the Federal Aviation
Administration in the amount of $_____________ for the Construction of the new Sand Storage
Building.
Section 2. The City Manager is authorized to award a construction contract for Phase 1 of
construction of a new sand storage facility to _____________________ in the amount of
$____________________ and issue a Purchase Order to ____________________ in the
amount of $________________ which includes contingency funds for the processing of change
orders.
Section 3. The City Manager is authorized to amend HDL Engineering’s Design Agreement
to include Construction Administrative (CA) Services in the amount of $__________________.
Section 4. That the estimated revenues and appropriations be increased as follows:
Airport Improvement Capital Project Fund:
Increase Estimated Revenues –
FAA Grant $XXX,XXX
Increase Appropriations:
Construction $XXX,XXX
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 pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
Page 22
Ordinance No. 3155-2020
Page 2 of 3
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 23
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 11, 2020
SUBJECT: Ordinance 3155-2020
The purpose of this memo is to request support for the Kenai Municipal Airport Sand Storage
Building. Staff, in coordination with the Federal Aviation Administration (FAA), has been
developing the project. HDL Engineering completed design documents on August 7, 2020. The
project was formally released for Bids on August 10, 2020 with bids due on August 31, 2020.
The project will be developed in two phases to allow the City the greatest opportunity to take
advantage of federal grants. Phase 1 is anticipated to take place this fall and will cover Site Civil
work. The grant will cover all of the FAAs normal share, and CARES Act funds are anticipated to
cover the City’s normal share of 6.25%.
Phase 2 will begin early 2021, and will be awarded under a separate future Ordinance. It will be
funded by the Airport’s annual entitlements and possibly discretionary funds through the FAA and
is anticipated for the City to short term finance the work until the grant can be issued likely in May
2021. The structural steel and insulated wall and roof panels will need to be ordered in March
2021 to make sure they arrive in Alaska in time for the summer construction season.
Phase 2 will likely require the usual grant matching funds, with the FAA contributing 93.75% and
the City share being 6.25% of construction costs however, if there are remaining CARES Act
funds, there would be no match requirement of the City. The funds to cover the start of Phase 2
shall be taken from the Airport Special Revenue Fund and will be reimbursed upon receipt of
grant.
This project is the number one priority for the Airport from the Capital Improvement Plan.
Completion of the facility will allow the airport to store all of their required sand for the runway
under roof in a conditioned space, which will allow their sanding operations to proceed more
efficiently, reducing wear and tear on equipment from breaking into frozen sand piles that would
otherwise be stored outdoors.
Council should anticipate an amendment memo being provided prior to the September 2, 2020
council meeting to fill in the blanks associated with the current Ordinance.
Council’s support of this Ordinance is respectfully requested.
Page 24
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3156-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER SPECIAL
REVENUE AND WATER AND SEWER IMPROVEMENTS CAPITAL PROJECT FUNDS AND
AWARDING A CONSTRUCTION AGREEMENT FOR IMPROVEMENTS TO THE WASTING
ACTIVATED SLUDGE PUMPS AT THE WASTE WATER TREATMENT PLANT.
WHEREAS, the Waste Water Treatment Plant continues to make improvements to aging and
failing pieces of equipment; and,
WHEREAS, Staff has determined the process of Wasting Activated Sludge (WAS) pumping is
quickly becoming our highest priority concern due to failing equipment; and,
WHEREAS, replacement of these pumps was anticipated to be under $35K initially and was not
included as a Capital Project within the current Capital Plan as a result; and,
WHEREAS, MBA Consulting contracted to provide construction documents, and a formal
Invitation to Bid was released on August 14, 2020 with Bids due on August 28, 2020; and,
WHEREAS, the City received the following bids with ________________ determined to be the
lowest responsive and responsible bidder
Contractor Bid
; and,
WHEREAS, award to ______________ is in the best interest of the City and will allow the Waste
Water Treatment Plant to continue to meet all requirements of our Alaska Pollutant Discharge
Elimination System (APDES) permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to award a construction contract to
_____________________ in the amount of $____________________ and issue a Purchase
Order to ____________________ in the amount of $________________ which includes
contingency funds for the processing of change orders.
Page 25
Ordinance No. 3156-2020
Page 2 of 2
Section 2. The City Manager is authorized to issue a Purchase Order to MBA Consulting
Engineers for Construction Administrative (CA) Services in the amount of $3,296 for a total design
agreement to date of $22,177.
Section 3. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $XX,XXX
Increase Appropriations:
Transfer to other funds $XX,XXX
Section 4. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Improvements Capital Project Fund:
Increase Estimated Revenues –
Transfer from other funds $XX,XXX
Increase Appropriations:
Construction $XX,XXX
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 pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 26
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 11, 2020
SUBJECT: Ordinance 3156-2020
This memo requests support for the replacement of the Wasting Activated Sludge Pumps at the
Waste Water Treatment Plant. The pumps themselves have already been purchased and are on
site. This work will provide funds for the demolition of the existing pumps, associated piping,
controls and installation of the new pumps with new piping, controls, and concrete housekeeping
pads.
Additionally, this work will replace three severely rusted exterior doors, jambs and hardware for
the pump house building and adjacent clarifiers with new fiberglass doors and jambs with new
hardware. The close proximity to the salt water is particularly hard on metal surfaces and the
fiberglass will perform better over time.
Staff had originally hoped to complete this work with already approved operational funds, however
in speaking with contractors the scope of work has grown into costs that now exceed the threshold
for a Capital Project. The nature of this work is imperative to the operations of the plant. The
pumps being replaced are almost 40 years old, one is completely out of service, the second
requires daily intervention to run correctly, and we are currently using a recently purchased Honda
gas pump as an alternate means to maintain operations.
Completion of this project will restore appropriate redundancy to another integral part of the plant’s
operations. It is also anticipated that the newer and more efficient pumps will provide additional
energy savings.
Council should anticipate an amendment memo prior to the September 2, 2020 council meeting
to fill in the blanks in the current Ordinance.
Council’s support of this Ordinance is respectfully requested.
Page 27
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Vice Mayor Molloy
CITY OF KENAI
ORDINANCE NO. 3157-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 1.85.010 – REPORT OF FINANCIAL AND BUSINESS
INTERESTS, TO ALLOW FOR CERTIFICATION BY MUNICIPAL OFFICERS THAT A
PREVIOUSLY FILED STATEMENT OF DISCLOSURE REMAINS ACCURATE AND
APPROVING AN ALTERNATE CERTIFICATION.
WHEREAS, Kenai Municipal Code 1.85 requires that certain elected and appointed officials
complete financial disclosure forms annually; and,
WHEREAS, for some, financial information does not change annually; and,
WHEREAS, the ability to certify that a previously filed statement remains accurate would provide
the same level of disclosure and eliminate the sometimes burdensome requirement to complete
the form in its entirety on an annual basis.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amending Section 1.85.010 – Report of financial and business interests of the
Kenai Municipal Code: That Kenai Municipal Code, Section 1.85.010 – Report of financial and
business interests is hereby amended as follows:
1.85.010 Report of financial and business interests.
(a) A candidate for elective municipal office shall file a statement under oath with the City Clerk,
at the time of filing a nominating petition and declaration of candidacy, specifying his or her
business interests and income sources.
(b) Each municipal officer shall file a statement under oath with the City Clerk, within thirty (30)
days after appointment to office specifying his or her business interests and income sources.
(c) Each municipal officer file a similar statement of income sources and business interests or
shall certify a previously filed statement remains true, correct, and complete with the City Clerk
not later than April 15th of each year that he or she holds office.
Section 2. That the attached certification form is hereby approved.
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
Page 28
Ordinance No. 3157-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: August 19, 2020, 2020
Enacted: September 2, 2020
Effective: October 2, 2020
Page 29
CITY OF KENAI
2021 PUBLIC OFFICIAL FINANCIAL
DISCLOSURE STATEMENT
CERTIFICATION
Where to obtain copies of previous Statements for attachment and file this Certification:
Kenai City Clerk
210 Fidalgo Avenue
Kenai, AK 99611
Telephone: (907) 283-8231
Fax: (907) 283-5068
I certify under penalty of perjury the information previously provided in the Statement attached
hereto is up to date and, to the best of my knowledge, true, correct and complete and shall serve
as my Statement covering the period between January 1, 2020 and December 31, 2020. A
person who makes a false sworn certification which he or she does not believe to be true is guilty
of perjury.
______________________________________________ ______________________________
SIGNATURE DATE
______________________________________________ ______________________________
Printed Name of Filer Place
Page 30
Page 31
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020 - 73
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FURTHER
EXTENDING THE DISASTER EMERGENCY DECLARATION FOR THE CITY OF KENAI MADE
ON MARCH 18, 2020 IN RESPONSE TO THE COVID-19 HEALTH EMERGENCY.
WHEREAS, pursuant to AS 26.23.140 the City Manager, as the principal executive officer of the
City, issued a Disaster Emergency Declaration on March 18, 2020 for a period not to exceed
seven days in response to the COVID-19 public health emergency; and,
WHEREAS, that same day, the City Council extended the Disaster Emergency Declaration for 90
days, which expired on June 16, 2020; and,
WHEREAS, on June 3, 2020, the City Council passed Resolution 2020-40, extending the Disaster
Emergency Declaration for 90 days, which is set to expire on September 15, 2020; and,
WHEREAS, while the City, State and Nation move towards reopening business and resuming
certain activities the City Council expects that the continued impact of COVID-19, including
public health risks, restrictions on travel, and economic impacts will be of a severity and
magnitude that is beyond the authority and capacity of the City to provide an effective response
without assistance; and,
WHEREAS, many public and private facilities remain closed or only partially opened,
gatherings, and other events remain cancelled or postponed in order to prevent the transmission
of COVID-19; and,
WHEREAS, these events continue to have a significant impact on business, commerce, and the
local economy now and likely in the future, as there is still no projected date for a potential
vaccine or other treatment for COVID-19 and impacts from restrictions imposed to reduce
transmission will impact the City into the summer; and,
WHEREAS, it is in the best interest of the City to further extend the Disaster Emergency
Declaration emergency issued by the City Manager until December 31, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Council of the City of Kenai further extends, until December 31, 2020,
or until repealed sooner, the Disaster Emergency Declaration issued by the City Manager on
March 18, 2020 pursuant to AS 26.23.140, and subsequently previously extended by this Council,
due to the current and expected imminent impacts of the COVID-19 health emergency.
Section 2. That the City requests that the State of Alaska provide disaster assistance to the
City by making available resources as needed in the ongoing response and recovery from the
current and potential impacts of this health emergency, to provide individual assistance for
Page 32
Resolution No. 2020-73
Page 2 of 2
_____________________________________________________________________________________
affected businesses and individuals, and to provide technical expertise and guidance, to help
the City in its response and recovery from this event.
Section 3. That the City additionally requests assistance from federal agencies where state
capability is not adequate.
Section 4. That a copy of this declaration will be promptly filed with the Alaska Division of
Homeland Security and Emergency Management.
Section 5. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 33
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 26, 2020
SUBJECT: Resolution 2020-73 – Extending the Disaster Emergency Declaration
The Disaster Emergency Declaration issued on March 18, 2020 and extended by the City Council
for 90 days, is set to expire on September 15, 2020. Based on the continued impact of the COVID-
19 public health emergency, an extension until December 31, 2020 will continue to give the City
Manager the authority to take emergency actions that may be necessary to protect critical
functions of the City, protect the health and safety of City employees and the public. Additionally,
Ordinance No. 3158-2020 is contingent upon the adoption of 2020-73.
Your consideration is appreciated.
Page 34
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3158-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT
RECOVERY FUND AND ACCEPTING A CARES ACT GRANT PASSED THROUGH THE KENAI
PENINSULA BOROUGH.
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020, and other positive diagnoses have since occurred on the Kenai Peninsula; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020, and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 18, 2020, the City Manager declared a local disaster emergency that was
extended the same day by the City Council; and,
WHEREAS, on March 24, 2020, the City Council enacted Ordinance 3115-2020 granting the City
Manager City certain emergency powers; and,
WHEREAS, on April 9, 2020 President Donald J. Trump approved a Disaster Declaration for the
State of Alaska; and,
WHEREAS, the State of Alaska’s distribution of $568,572,886 to local governments included
$37,458,449 to the Kenai Peninsula Borough of which $24,199,101 was based on Borough sales
tax collected boroughwide; and,
WHEREAS, approximately 67% of Borough sales tax revenue is collected by business located
inside the six incorporated City of the Borough, Kenai, Soldotna, Seldovia, Seward, Homer and
Kachemak City; and,
WHEREAS, because the Borough lacks area-wide economic development powers it has elected
to pass $8,134,023 of its state allocation to the incorporated City’s including $2,675,524.94 to the
City of Kenai; and,
WHEREAS, acceptance of these pass through funds is in the best interest of the City, its business
and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Page 35
Ordinance No.3158-2020
Page 2 of 3
_____________________________________________________________________________________
Section 1. That the City Manager is authorized to accept a grant in the amount of
$2,675,524.94 from the Federal Government passed through the Kenai Peninsula Borough for
expenditures in response to and recovery from the COVID-19 Public Health Emergency.
Section 2. That the City Manager is authorized to execute grant agreements to accept these
funds.
Section 3. That the estimated revenues and appropriations be increased as follows:
COVID-19 Cares Act Recovery Fund:
Increase Estimated Revenues –
Federal Grants $2,675,524.94
Increase Appropriations –
First Responder & Incident Management Team Payroll -
General Contingency $X,XXX,XXX.XX
Business and Not-for-Profit Entity Recovery Grants -
General Contingency X,XXX,XXX.XX
CARES Act Administration & Non-Payroll Expenditures -
General Contingency X,XXX,XXX.XX
Individual Assistance Grants -
General Contingency X,XXX,XXX.XX
City Resiliency and Recovery
General Contingency X,XXX,XXX.XX
$2,675,524.94
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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Page 36
Ordinance No.3158-2020
Page 2 of 3
_____________________________________________________________________________________
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 37
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank
DATE: August 12, 2020
SUBJECT: Introduction of Ordinance 3158-2020
The purpose of this memo is to recommend introduction of Ordinance 3158-2020. At its August
11, 2020 special meeting the Kenai Peninsula Borough authorized CARES Act pass-through
grants to the incorporated cities of the Borough totaling $8,134,022.88 including $2,675,524.94
to the City of Kenai.
Ordinance 3158-2020 will authorize acceptance of the pass-through grant and appropriate the
funds to assist in response to and recovery from the COVID-19 public health emergency. It is
the intent of the administration to prepare a recommendation for the allocation and use of funds
prior to adoption at the September 2, 2020 Council meeting.
Your support for introduction is respectfully requested.
Page 38
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 26, 2020
SUBJECT: Requested Amendment to Ordinance 3158-2020
At its August 11, 2020 special meeting the Kenai Peninsula Borough authorized CARES Act pass-
through grants to the incorporated cities of the Borough totaling $8,134,022.88 including
$2,675,524.94 to the City of Kenai. Ordinance 3158-2020 authorizes acceptance of the pass-
through grant and appropriates the funds to assist in response to and recovery from the COVID-
19 public health emergency.
Since introduction of the Ordinance, administration has updated the allocation model for
distributing the economic recovery funds as a result of legislation and recommends the following
allocation and use of the Borough grant funds as part of the City of Kenai’s Relief and Recovery
Grant Program:
$675,524 – First Responder and Incident Management Team Payroll. This allocation
includes a reimbursement of City payroll expenses for Fire Department, Police
Department, Public Safety Dispatch, and Incident Management Team.
$2,000,000 – Business and Nonprofit Entity Recovery Grants. This allocation includes
grant awards to qualifying City of Kenai businesses affected by COVID-19 to offset
impacts or to provide mitigation. The City will administer a grant program to determine
eligibility and requirements that may apply. The grant program guidelines are included in
the City of Kenai’s Relief and Recovery Grant Program Guide included as an attachment
to Resolution 2020-70.
The following amendment is requested:
Amend Ordinance 3158-2020 by amending Section 3 by replacing
• First Responder & Incident Management Team Payroll - General Contingency
$X,XXX,XXX.XX with $675,524.00
• Business and Not-for-Profit Entity Recovery Grants - General Contingency
X,XXX,XXX.XX with $2,000,000.00
• CARES Act Administration & Non-Payroll Expenditures - General Contingency
X,XXX,XXX.XX with $0.00
• Individual Assistance Grants - General Contingency X,XXX,XXX.XX with $0.00
Page 39
Page 2 of 2
• City Resiliency and Recovery - General Contingency X,XXX,XXX.XX with $0.00
Your consideration is appreciated.
Page 40
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-70
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AMENDING THE CITY’S GRANT
DISBURSEMENT PROGRAM FOR SMALL BUSINESSES AND NON-PROFIT
ORGANIZATIONS UTILIZING FUNDS FROM THE CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY (CARES) ACT AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AGREEMENTS WITH ALASKA HOUSING FINANCE CORPORATION (AHFC) FOR
HOUSING RELIEF PROGRAM ADMINISTRATION AND WITH THE KENAI PENINSULA FOOD
BANK FOR FOOD DISTRIBUTION IN KENAI.
WHEREAS, on May 20, 2020, the City Council enacted Ordinance 3130-2020 accepting Federal
CARES Act funding passed through the State of Alaska for expenditures in response to the
COVID-19 Public Health Emergency; and,
WHEREAS, on June 3, 2020, the City Council passed Resolution 2020-39, approving a
$3,000,000 Grant Disbursement Program for Small Businesses and Non-Profit Organizations
Utilizing Funds from the CARES Act; and,
WHEREAS, on July 1, 2020, the Council amended the Grant Disbursement Program to re-open
the application period from July 10, 2020 to July 17, 2020 to allow additional businesses and non-
profits impacted by the COVID-19 public health emergency to seek relief without materially
affecting available future funding; and,
WHEREAS, on July 1, 2020, the Council also amended the Grant Disbursement Program to
establish additional grant programs to provide individual financial assistance to the community’s
smaller businesses that did not qualify for the City’s Small Business Grant program, for
commercial fisheries permit holders, for renters and homeowners, mental health services, and a
program to assist the business community with professional marketing support in light of
decreased customer demand; and,
WHEREAS, the total disbursement of funds available through the Grant Disbursement Program
and available to eligible applicants for grants is anticipated to increase by $2,675,524.94 as a
result of a grant in that amount from the Federal Government passed through the Kenai Peninsula
Borough for expenditures in response to and recovery from the COVID-19 public health
emergency; and,
WHEREAS, to assure that the distribution of these remaining funds meets the Federal
Department of Treasury guidance for the permissible uses of CARES Act funds, and to provide
opportunity for City of Kenai businesses to be eligible for grants equal to the size of grants offered
by the Kenai Peninsula Borough to businesses located outside of City limits as well as provide
additional opportunity for those businesses that may have not applied for grant funds during the
Page 41
Resolution No. 2020-70
Page 2 of 3
_____________________________________________________________________________________
first application period, the administration recommends that the remaining funds allocated to the
Business and Nonprofit Entity Recovery Grants program be distributed through a second grant
program (Round 2) to businesses similar in form to the first Grant Disbursement Program (Round
1); and,
WHEREAS, the Alaska Housing Finance Corporation (AHFC) administered the Alaska
Housing Relief Program earlier this summer, which provided up to $1,200 for each eligible
household to assist with housing costs, payable directly to their lender or landlord; and,
WHEREAS, approximately 80 households in the City of Kenai qualified and took advantage
of this statewide funding; and,
WHEREAS, AHFC has agreed to continue administering the housing relief program for Kenai
residents, via a sub-recipient grant agreement and using CARES Acts funds granted to the
City; and,
WHEREAS, the Kenai Peninsula Food Bank has agreed to purchase and distribute food
boxes at sites in the City of Kenai weekly from September through December to families
experiencing financial strain due to the COVID-19 public health emergency via a sub-recipient
grant agreement and using CARES Acts funds granted to the City; and,
WHEREAS, this use of these funds providing grants and services to residents experiencing
economic hardship or housing insecurity follows CARES Act requirements as interpreted by
U.S. Department of the Treasury’s guidance for local governments, which allows for
necessary expenditures incurred due to the COVID-19 public health emergency and for
second order effects of the emergency; and,
WHEREAS, due to the continued impacts to businesses and residents or the possibility of future
mandated closures of businesses due to the COVID-19 public health emergency, it is in the best
interests of the City to amend the City’s grant disbursement program for small businesses and
non-profit organizations utilizing funds from the CARES Act as referenced in the Updated
Program Guide (Attachment A) and authorize the City Manager to enter into agreements with
AHFC for housing relief program administration and with the Kenai Peninsula Food Bank for food
distribution in Kenai.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Grant Disbursement Program for Small Businesses and Non-Profit
Organizations Utilizing Funds from the Coronavirus Aid, Relief, and Economic Security (CARES)
Act is approved as referenced in the Updated Program Guide (Attachment A) or modified in similar
form.
Section 2. That the City Manager is authorized to enter into agreements with AHFC for
housing relief program administration and with the Kenai Peninsula Food Bank for food
distribution in Kenai.
Page 42
Resolution No. 2020-70
Page 3 of 3
_____________________________________________________________________________________
Section 3. That the program timing and guidelines will be provided to Council for their
consideration prior to initiation of the program.
Section 4. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 43
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 26, 2020
SUBJECT: Resolution 2020-70 – Amending the City’s Grant Disbursement
Program
Administration originally presented the City’s CARES Act grant programs to City Council for
approval on June 3. Since then, the program has been amended to allow additional businesses
and nonprofits to apply and any remaining funds from the first grant program be distributed
through a second grant program to businesses. The program was also expanded to include
individual assistance grant programs to provide individual financial assistance to the community’s
smaller businesses that did not qualify for the City’s Small Business Grant program, for
commercial fishers, and programs to assist residents in need of mental health services and
provide small business development and marketing services.
An update on the total expenditures as of August 26, 2020 related to the City’s Relief and
Recovery Grant Program is included as Attachment B. To date, the City has received a total of
223 applications for all of the grant programs with 181 eligible grant applications for the Small
Business and Nonprofit grants (Round 1). The application period for the $1,000 Smaller Business,
Commercial Fisheries, and Small Business Marketing Services grants closes on August 31. To
date, the City has received a total of 18 eligible Commercial Fisheries permit holder grant
applications, 14 eligible Smaller Business grant applications, and 10 Marketing Services grant
applications.
At its August 11, 2020 special meeting, the Kenai Peninsula Borough authorized CARES Act
pass-through grants to the incorporated cities of the Borough. Ordinance 3158-2020 authorizes
acceptance of grant and appropriates $2,675,524.94 to assist in response to and recovery from
the COVID-19 public health emergency. Administration has worked with the Borough to determine
how these funds may be used as part of the City’s Relief and Recovery Grant Program, with the
majority of the funds being allocated to grants to qualifying City of Kenai businesses so that the
total of the two rounds of City grants equals the size of the individual grants offered by the Kenai
Peninsula Borough to borough businesses located outside of City limits.
Resolution 2020-70 amends the City’s Relief and Recovery Grant Program to add a Round 2
grant disbursement program to small businesses and authorizes two additional individual
assistance programs for Rental and Housing Assistance and Food Assistance Services. These
Page 44
Page 2 of 2
programs would be administered under grant agreements with the Kenai Peninsula Food Bank
and Alaska Housing Finance Corporation (AHFC). An update on the total budget and allocations
as a result of Resolution 2020-70 is included as Attachment C.
The grant program guidelines are included in the City of Kenai’s Relief and Recovery Grant
Program Guide included as attachment A to Resolution 2020-70.
Your consideration is appreciated.
Attachments
Page 45
Establishing City of Kenai COVID-19
Relief and Recovery Grant Programs
CITY OF KENAI
CITY HALL
210 FIDALGO AVENUE
KENAI, AK 99611
PAUL OSTRANDER
CITY MANAGER
POSTRANDER@KENAI.CITY
907.283.8222
LARRY PERSILY
PROJECT LEAD
LPERSILY@KENAI.CITY
907.283.8226
Revised September 2, 2020
DRAFT
Attachment A
Page 46
01
02
03
07
09
Contents
Introduction
Overview
Small Businesses
Nonprofits
Individual Assistance
13Conclusion
Page 47
The Kenai City Council on May 20 approved an
approach to distributing CARES Act funds
received by the City- identifying broad
categories, governmental, private, and nonprofit
- to help provide economic relief due to the
public health emergency. The Administration
focused on developing the grant programs
outlined in this document to provide meaningful
impact in the community in an expeditious
manner.
Along with myself, the team included Project
Lead Larry Persily (hired as a temporary
employee for this effort), Finance Director Terry
Eubank, City Attorney Scott Bloom, and
Assistant to City Manager Christine
Cunningham. We considered a wide range of
programs and guidance along with the need for
timely relief support with as few restrictions as
possible to ensure relief funds can be spent as
needed, balanced with accountability, and a
simplified process that is in the best interests of
both the City and applicant.
I believe we have assessed the requirements
and needs of the City soundly, producing a set
of responsive programs to ensure we, as a City,
succeed in expending funds to best serve the
citizens of Kenai with responsible management.
Introduction
small
businesses in
Kenai*
410
We're
focused
on getting
relief funds
into the
community
we serve
individual
households
3,117
nonprofits
serving the
community
106
*Businesses with more than $50,000 in gross
revenues reported on 2019 sales tax returns
Page 48
Overview
The City of Kenai expects to receive $7,700,832 from the Federal Government passed through the State
of Alaska for expenditures in response to and to aid in the economic recovery from the COVID-19 Public
Health Emergency. The City will also receive $2,675,524 from the Kenai Peninsula Borough, which is
distributing Federal funds it received from the State of Alaska to municipalities on the Peninsula, for a
total of $10,376,356 received by the City for COVID-19 response and economic recovery.
The Administration has evaluated an approach to distributing the economic recovery funds identifying
how to best support the long-term recovery of our local economy. This approach includes an allocation
plan for expenditure of these funds approved by City Council and designed to identify broad categories –
governmental, private, and nonprofit – where help is needed due to impacts associated with the COVID-
19 Public Health Emergency.
$4,175,524 – First Responder and Incident Management Team Payroll. This allocation includes a
reimbursement of City payroll expenses for Fire Department, Police Department, Public Safety Dispatch,
and Incident Management Team.
$5,000,000 – Business and Nonprofit Entity Recovery Grants. This allocation includes grant awards to
qualifying City of Kenai businesses or nonprofits affected by COVID-19 to offset impacts or to provide
mitigation. The City will administer grant programs to determine eligibility and requirements that may
apply. The grant program guidelines are included in this document.
$300,000 – CARES Act Administration & Non-Payroll Expenditures. This allocation includes
reimbursement of City expenses related to COVID-19, which have been documented. These expenses
include City purchases to ensure the health and safety of City employees and residents due to the
disaster. All expenditures from this department will follow all City code requirements.
$900,832 – Individual Assistance Grants. This allocation will include grants to to assist Kenai households
impacted by COVID-19. The City will administer the grant programs to determine eligibility restrictions
and requirements that may apply. The grant program guidelines are included in this document.
02
Page 49
Small Business
Round 1 Small Business Grants
The grant categories for small businesses were
divided into four levels, based on each business’
2019 total gross sales for four quarters as reported
on their tax returns to the Borough:
Up to $2,500 for businesses with 2019
revenues of $50,000 to $100,000
Up to $5,000 for businesses with 2019
revenues of $100,000 to $250,000
Up to $7,500 for businesses with 2019
revenues of $250,000 to $500,000
Up to $10,000 for businesses with 2019
revenues of more than $500,000
This first round of small business grants
closed to applications on July 17, 2020. The
City Council directed that any funds left over after
all eligible business and nonprofit applicants are
paid shall be distributed through a second grant
program to businesses. (See Page 5)
A business must have been in existence as of
January 1, 2020, to qualify. That would not
exclude an existing business with a state license,
and that has previously filed tax returns with the
Borough even though it may have reported no
operations in January 2020 (such as a seasonal
business).
For purposes of determining eligibility for a new
business without a full year’s tax returns for 2019,
the City would take gross sales reported for any
quarters in 2019 or the first quarter 2020 and
03
extrapolate the numbers to estimate a full year’s
sales for the business.
Businesses that are not required to file sales tax
returns with the Borough must provide a copy of
their most recent federal income tax return or
other proof of revenues as deemed suitable by
the City review committee to determine the level
of grant award they might qualify to receive.
The business must be located within the City of
Kenai, with a valid state business license and be
current in its sales tax registration with the Kenai
Peninsula Borough. The business owner(s) does
not have to be a resident of the City of Kenai.
The program was open to all qualifying
businesses, regardless of whether they have
applied for or have obtained any other state or
federal COVID-19-related assistance.
The program excluded from eligibility:
C Corporations traded on a U.S. stock
exchange or a corporate-equivalent entity
traded on a foreign stock exchange, and
businesses owned in whole or majority-
owned by such a publicly traded
corporation
National chains that own and operate their
premises in Kenai; franchise owned-and-
operated businesses in Kenai would be
eligible
Businesses with a City lien or are in
violation of a payment agreement with the
City
Businesses with a Borough lien for unpaid
sales taxes. A sales tax delinquency would
not disqualify a business from the grant
program unless the borough has initiated a
lien on that debt. Businesses that have
entered into a payment plan with the
Borough and are adhering to that plan
would be eligible for the grant, so long as
the lien has been lifted
(continued on next page)
Page 50
Small Business
Businesses currently in bankruptcy
proceedings
Businesses that lack a permanent
physical presence in the City for the sale
of goods or the provision of services, with
at least one worker assigned to that
facility
Marijuana businesses licensed under
Alaska Statute 17.38.
Businesses sharing physical quarters may each
apply and qualify for their own grant, so long as
each business has its own state license, files a
sales tax return under its own name and does
not share the same ownership with the other co-
located businesses.
Applicants were required to self-certify that they
have been affected by the COVID-19 public
health emergency and resulting economic
impacts. The intent of the federally funded
CARES Act program is to assist communities
and businesses that suffered economic harm
from the public health emergency. Impacts
could include, though are not limited to, loss of
sales due to mandatory shutdown, inventory
loss, additional operating expenses of reopening
and protecting staff and customers, including
funds already spent for those purposes.
Businesses were not required to detail
specifically (in dollars) how they were affected.
Business were asked how they might use the
money, making clear that the application
question is voluntary and for informational
purposes only to gauge community need and
effectiveness of the program.
04
Applicants were required to check a box that
states they intend to remain in business into
2021. The grant funds must be fully expended
by December 30, 2020.
The applicant must certify that the information
provided is true and accurate and that they
agree to assist in the verification of information
provided in the application and to provide
additional information to the City, if requested.
The application period was initially open for two
weeks, June 5 to June 19, 2020, and re-opened
from July 10 to July 17 to allow additional
businesses to apply.
The City review committee determined whether
the application was complete and the business
was eligible under the program requirements.
The committee did not judge the need or use of
the money.
An applicant denied by the review committee
may appeal to the City Manager (in writing).
Any appeal must be filed in writing by 5 p.m. the
10th calendar day after the day the applicant
received notice from the City.
It is the City’s intent, to the extent allowed by
law, that the review committee’s work and
discussions, and the applications themselves,
will not be available to the public. The names of
businesses that receive grants and the amount
each receives will be considered a public
record.
The City reserves the right to amend any
criteria or procedures as may be required if new
state or federal guidelines are issued.
(continued on next page)
Page 51
Small Business
Round 2 Small Business Grants
The City is offering a second round of grants to
Kenai businesses that provides larger grant
amounts than Round 1, so that the total grant
funds available for each eligible business in the
City of Kenai is equal to the size of the grants
offered by the Kenai Peninsula Borough to
businesses located outside of City limits.
Round 2 also lowers the minimum revenues a
business needs to be eligible to receive a grant to
$20,000, consistent with the Borough's program.
Businesses that received grants in Round 1 of the
City program will need to reapply for Round 2 —
the application form will request additional
information. Also, businesses that did not apply in
Round 1 will be eligible to apply in Round 2 to
receive the maximum allowed under both
programs.
The City will begin accepting applications on
October 1 for Round 2 of its COVID-19 Relief and
Recovery Grant Program for businesses.
The Round 2 grant categories will be divided into
five levels based on each business' 2019 total
gross sales for four quarters as reported on their
tax returns to the Borough:
These amounts are in addition to the amount the
business was eligible to receive in Round 1.
Up to $750 for businesses with 2019
revenues of $20,000 to $50,000
Up to $1,000 for businesses with 2019
revenues of $50,000 to $100,000
Up to $3,750 for businesses with 2019
revenues of $100,000 to $250,000:
Up to $10,000 for businesses with 2019
revenues of $250,000 to $500,000
Up to $25,000 for businesses with 2019
revenues of over $500,000
NOTE: If the Borough grant levels are increased,
the City of Kenai grant levels will be increased to
match the Borough levels.
Similar to Round 1, a business must have been in
existence as of January 1, 2020, to qualify. That
would not exclude an existing business with a state
license, and that has previously filed tax returns
with the Borough even though it may have reported
no operations in January 2020 (such as a seasonal
business).
(continued on next page)
$20K - $50K
$50K - $100K
$100K - $250K
$250K - $500K
>$500K
Business
Revenues
The City of Kenai is matching the size of individual business
grants available for Borough businesses as follows:
Round 1 Grant
Amount
Total Grant
Amounts
Round 2 Grant
Amount
$3,550
$10,000
$25,000
$1,000 | $750 $1,750
$3,500
$8,750
$17,500
$35,000$10,000
$7,500
$5,000
$2,500 | $1,000
05
Page 52
Small Business
For purposes of determining eligibility for a new
business without a full year’s tax returns for 2019,
the City would take gross sales reported for any
quarters in 2019 and the first quarter 2020 and
extrapolate the numbers to estimate a full year’s
sales for the business.
Businesses that are not required to file sales tax
returns with the Borough must provide a copy of
their most recent federal income tax return or
other proof of revenues as deemed suitable by
the City review committee to determine the level
of grant award they might qualify to receive.
The amount of the grant for businesses with
locations inside and outside the City will be based
solely on their revenues from the business
location within the City of Kenai.
The business must be located within the City of
Kenai, with a valid state business license and be
current in its sales tax registration with the Kenai
Peninsula Borough. That could be an office,
warehouse, shop or other premise owned, leased
or rented and operated by the applicant. The
business owner(s) does not have to be a resident
of the City of Kenai.
Businesses sharing physical quarters may each
apply and qualify for their own grant, so long as
each business has its own state license, files a
sales tax return under its own name and does not
share the same ownership with the other co-
located businesses. Such so-located businesses
under the same owner will be eligible for one
grant.
Businesses that have applied for or have obtained
any other state or federal COVID-19-related
assistance are not necessarily disqualified from
the City program.
06
The program will exclude from eligibility the same
list of businesses excluded in Round 1, including:
C Corporations traded on a U.S. stock
exchange or a corporate-equivalent entity
traded on a foreign stock exchange, and
businesses owned in whole or majority-
owned by such a publicly traded corporation
National chains that own and operate their
premises in Kenai; franchise owned-and-
operated businesses in Kenai would be
eligible
Businesses with a City lien or are in violation
of a payment agreement with the City
Businesses with a Borough lien for unpaid
sales taxes. A sales tax delinquency would
not disqualify a business from the grant
program unless the borough has initiated a
lien on that debt. Businesses that have
entered into a payment plan with the
Borough and are adhering to that plan would
be eligible for the grant, so long as the lien
has been lifted
Applicants will be required to certify that they have
been affected by the COVID-19 public health
emergency and resulting economic impacts.
Because the grants in Round 2 are significantly
larger than in Round 1, the City will ask for
additional information of applicants:
Additional information on economic hardship
suffered by the business, either lost revenue
or additional costs of operations.
Additional information on other similar
financial assistance received from the
Borough or other cities on the Kenai
Peninsula.
As with Round 1 grants, the funds in Round 2 must
be fully expended by December 30, 2020.
If the demand for grants in the second round
exceeds the City’s available funds, the City
reserves the right to prorate the grants to stay
within available funding.
Page 53
Nonprofits
The grants for nonprofits were divided into three
levels to help meet the needs of repairing the
economic damage to nonprofits caused by the
COVID-19 public health emergency:
Up to $10,000 for nonprofits of less than
$50,000 in annual revenue
Up to $25,000 for nonprofits of between
$50,000 and $250,000 in annual revenue
Up to $50,000 for nonprofits of more than
$250,000 in annual revenue
This application period for nonprofit grants
closed on July 17, 2020.The initial application
period for grants was open for two weeks, June
5, 2020 to June 19, 2020, and the City Council
re-opened the application period from July 10,
2020 to July 17, 2020 to allow additional
nonprofits to apply that did not apply in the first
round.
Annual income was determined by the nonprofit’s
most recent IRS Form 990 from 2018 or 2019.
For those nonprofits that do not file with the IRS,
the City accepted an audited financial statement
or an unaudited statement by a third-party
preparer.
The program was open to nonprofits that provide
services to residents of the City, regardless of
where the nonprofit has its main office — though
the nonprofit must have a physical or service
presence within the City of Kenai — and
regardless of whether the local chapter or affiliate
is part of a larger statewide or national
organization.
Additional eligibility rules:
The grants were available only to IRS-
certified 501 nonprofits (the full list of IRS
501 nonprofit categories were on the
application)
The nonprofit must have been in operation
serving City of Kenai residents since at
least January 1, 2019
A majority of the group’s local board of
directors or local advisory board and its
officers must be Alaska residents. A local
affiliate of a national organization must
have a local advisory or governing board
Faith-based nonprofits are eligible, so long
as they provide services which are
promoted and available to the general
public without regard to religious affiliation
Nonprofit organizations “that are
principally engaged in teaching,
instructing, counseling, or indoctrinating
religion or religious beliefs, whether in a
religious or secular setting, or primarily
engaged in political or lobbying activities"
are not eligible (as per 13 CFR §
120.110(k) in the Code of Federal
Regulations)
The grant funds must be fully expended by
December 30, 2020.
The program was limited to nonprofits
economically damaged by the COVID-19 public
health emergency. The nonprofit was required
to certify and briefly describe how it and/or its
work has been affected, but was not required to
provide financial statements, budgets, receipts
or other records detailing the financial damages.
(continued on next page)
07
Page 54
Nonprofits
The program was open to all qualifying
nonprofits, regardless of whether they applied
or obtained any other state or federal COVID-
19-related assistance.
Applicants were asked to provide a brief report
to the City no later than one year after receipt of
the grant funds, reviewing the use of the
money. This is voluntary and is requested to
assist the City in evaluating the impact of the
program.
A nonprofit cannot obtain a grant through the
City’s CARES Act-funded grant program for
nonprofits while also receiving a grant as a
small business, even if the nonprofit also
operates a business enterprise in Kenai.
The applicant needed to certify that the
information provided is true and accurate, and
they agree to assist in the verification of
information provided in the application and to
provide additional information to the City, if
requested.
The review committee determined whether the
application was complete and the nonprofit was
eligible under the program requirements. The
committee did not judge the need or use of the
money.
An applicant denied by the review committee
may appeal to the City Manager (in writing).
Any appeal must be filed in writing by 5 p.m. the
10th calendar day after the day the applicant
received notice from the City.
08
It is the City’s intent, to the extent allowed by
law, that the review committee’s work and
discussions, and the applications themselves,
will not be available to the public. The names of
businesses that receive grants and the amount
each receives will be considered a public
record.
The City reserves the right to amend any
criteria or procedures as may be required if new
state or federal guidelines are issued.
Page 55
Individual Assistance
The City of Kenai has worked to establish
several grant programs to provide individual
financial assistance to the community’s smaller
businesses that did not qualify for Round 1 of
the City’s Small Business Grant program, for
commercial fishers, and for renters and
homeowners. The City continues to look into a
program to assist residents in need of mental
health services in the months ahead as the
emotional strains of the COVID-19 public
health emergency continue to weigh on the
community. It has also established a program
to assist the business community with
professional marketing support in light of
decreased customer demand.
The specifics of the programs are:
Individual Assistance to Small
Business
The program provides grants of $1,000 each to
small businesses with 2019 reported gross
revenues (as per sales tax records or other
acceptable forms of proof of revenues) of
between $25,000 and $50,000. The eligibility
requirements are similar to Round 1 of the
City's Small Business grant program that
provided funds for business with revenues
above $50,000 a year.
09
To qualify for the program, the smaller
business:
Must certify it was impacted by the
COVID-19 public health emergency.
Must be physically located in Kenai, with
a valid state business license showing a
Kenai address for the business (a home-
based business would be eligible).
Must not be in violation of a payment plan
on a debt to the City.
Must not be under a borough lien for
unpaid sales taxes.
Must not be in bankruptcy proceedings.
Businesses must have been in existence in
Kenai as of January 1, 2020, to qualify.
Applicants will be required to briefly describe
how the COVID-19 public health emergency
has affected their operations but will not be
required to provide detailed financial
information on lost revenues due to shutdowns
or additional expenses of reopening under
public health guidelines.
The application period opened Friday, July 10,
and will close at 5 p.m. Monday, August 31.
Applications may be submitted online at the
City website, by mail to City Hall or dropped off
at City Hall. The City intends to review the
applications and distribute the funds as quickly
as possible.
The City has set aside $150,000 for this
program, subject to demand.
NOTE: The Round 2 business grants opened
up the program to businesses with a minimum
of $20,000 in annual revenues. (See also p. 5)
(continued on next page)
Page 56
Individual Assistance
Individual Assistance to Commercial
Fishers
The program will provide grants of $1,000 each to
Alaska Commercial Fisheries Entry Commission
permit holders who reside in the City of Kenai and
reported landings in 2019 with revenues of at least
$10,000.
The program is open to commercial fishing permit
holders but not crew members.
Applicants must certify their fishing income was
affected by the COVID-19 public health emergency
(such as lower prices due to reduced market
demand) and will be asked to briefly describe how
the public health emergency has affected their
operations but will not be required to provide
detailed financial information on lost revenues due
to shutdowns or decreased customer demand, or
additional expenses of operating under public
health guidelines.
The application period opened Friday, July 10, and
will close at 5 p.m. Monday, August 31.
Applications may be submitted online at the City
website, by mail to City Hall or dropped off at City
Hall. The City intends to review the applications
and distribute the funds as quickly as possible.
The City of Kenai has set aside $150,000 for this
program, subject to actual demand.
Rental and Mortgage Relief
The City of Kenai will execute a Memorandum of
Understanding with the Alaska Housing Finance
Corporation (AHFC) to extend for City of Kenai
residents by four months (September through
December) the rental assistance and mortgage
relief program the State funded for July.
10
Using a portion of the State's share of federal
CARES Act funds, AHFC provided up to $1,200
in rental assistance or mortgage relief for one
month for Alaska households.
The City of Kenai and several other
municipalities around the State contacted AHFC
to extend the assistance program at each city's
expense. Working with AHFC provides an
efficient and cost effective method to handle the
online applications, income verification and
payment distribution, rather than the City of
Kenai setting up its own operation. In addition,
AHFC has agreed to handle the work at no cost
to the City. The City of Kenai will reimburse
AHFC only for the actual rental assistance and
mortgage relief payments it sends out each
month on behalf of eligible Kenai residents to
their landlords or mortgage holders.
The payments can only go toward rent or a
mortgage payment, at a maximum $1,200 per
household per month. The program has a
household income cap, and the maximum
household income in Kenai to qualify for the
program is $71,760 a year. The application will
ask residents to verify their loss of income due to
the COVID-19 public health emergency and to
verify the information to remain eligible each
month.
Applicants to this summer's AHFC program will
be notified to apply for the City-funded
assistance program, and the City will publicize
the CARES Act assistance to ensure that
anyone who did not apply for the AHFC
payments in July has the opportunity to apply for
the City's four-month program.
The City has set aside $400,000 for this
program, subject to available funding and
demand.
(continued on next page)
Page 57
Individual Assistance
Mental Health Services
The City continues to look into contracting with
mental health professionals in Kenai to provide
counseling for individual residents affected by the
COVID-19 public health emergency and in need
of mental health services. The program would
cover a resident’s out-of-pocket expenses after
any insurance or if they lack insurance coverage
for the services. There would be no income limit
for participating in the program.
If the City determines this program is feasible, it
will announce the service provider after a
procurement process and will publicize the
availability of the service to the public. The intent
is that the City would issue a contract for an
amount not to exceed $50,000 for mental health
counseling services, with individuals limited to no
more than six counseling sessions to ensure that
as many people as possible can participate.
The contractor would bill the City for its services at
a fixed hourly rate without identifying the
individuals, only the total number of hours in a
billing cycle. The identity of individuals would be
held confidential by the service provider, the same
as any other doctor-patient relationship.
Individuals would inquire about the services and
make appointments directly with the mental health
provider; the City would not be involved in
anything more than payments to the provider.
The service would be provided prior to December
30, 2020, subject available funding and demand.
The City expects to have the program available to
the public in September.
11
Small Business Development/
Marketing Services
The City of Kenai has contracted with a
marketing service provider to assist local
businesses that reported gross revenues of at
least $10,000 in 2019 (as per sales tax records
or other acceptable forms of proof of revenues)
in their marketing, social media and online
presence, as businesses focus on repairing the
economic damage suffered during the COVID-
19-related shutdown and restructuring their
business to operate under the new rules of
commerce and social activity.
The City issued a contract for an amount not to
exceed $50,000 to provide a $1,000 credit to
each eligible business in Kenai that can be
used with the marketing service provider.
The eligibility requirements are similar to the
City Small Business Grant and Individual
Assistance for Small Business programs. The
business must certify it was impacted by the
COVID-19 public health emergency and be
physically located in Kenai. Once the business
has been approved for the program, the
marketing service provider will provide an
assessment and customize marketing services
for each participating business limited to $1,000
in services covered by the City funding.
The application period opened August 13, and
will close at 5 p.m. on November 6. Applications
may be submitted online at the City website, by
mail to or dropped off at City Hall. The City
intends to review the applications and distribute
the funds as quickly as possible.
The service would be provided prior to
December 30, 2020, subject available funding
and demand.
(Continued on next page)
Page 58
Individual Assistance
Food Assistance Services
The City would issue a grant to the Kenai
Peninsula Food Bank to purchase and distribute
food boxes at sites in the City of Kenai weekly for
September through December. The grant would
require the organization to distribute 150 food
boxes a week for 16 weeks to City of Kenai
residents, comparable to the number of
households that have participated in recent food
distribution events organized by the Food Bank
and one of its volunteer partners in the City of
Kenai. Strong demand at those events and at
partner food pantry sites in the community
indicates a substantial need for food assistance
for many Kenai households. The program would
assist Kenai families experiencing financial strain
due to the COVID-19 public health emergency in
the months ahead.
The $65,000 grant would ensure an assortment of
healthy foods each week, delivered to convenient
locations in the City for easy pickup by City of
Kenai residents. To the extent that other foods are
available from federal surplus programs, those
items would be added to the City of Kenai
distribution at no additional cost to the City.
The City and the Food Bank would actively
publicize this temporary assistance program to
ensure maximum participation by City of Kenai
residents who need the assistance.
The service would be provided prior to December
30, 2020, subject available funding and demand.
The City expects to have the program available to
the public by early September.
12
Page 59
Conclusion
The City of Kenai will administer the grant programs without incurring the additional cost of an outside
group or foundation to screen, process or assist in administration of the grant program, except for
programs in with the City contracts with a service provider for individual assistance programs.
In order to reach the small businesses and nonprofit organizations and individuals in the City that may
be eligible, a successful community outreach strategy is necessary. This strategy will include the
following:
Press Releases to local media
Direct mail to small businesses, nonprofits, permit holders or other groups
Coordination with the Kenai Peninsula Economic Development District (KPEDD), Kenai Chamber
of Commerce and Visitor Center (KCCVC), and Small Business Development Center (SBDC)
Social Media posts
Information about the programs as well as application forms, FAQs, a summary of the program and
application process, and timetable will be provided on the City's website at www.kenai.city as well as a
direct contact email and phone number for inquiries.
13
Page 60
Budget Actual FY20 Actual FY21
Total
Expenditures Available
3,500,000.00$ 2,005,476.77$ 458,413.14$ 2,463,889.91$ 1,036,110.09$
3,000,000.00 1,905,000.00 310,000.00 2,215,000.00 785,000.00
300,000.00 134,425.31 16,486.32 150,911.63 149,088.37
Small Business ($150,000)150,000.00 - 14,000.00 14,000.00 136,000.00
Commerical Fishers ($150,000)150,000.00 - 21,000.00 21,000.00 129,000.00
Rental and Mortgage Relief ($150,000)150,000.00 - - - 150,000.00
Mental Health Services ($50,000)50,000.00 - - - 50,000.00
Small Business Marketing Services ($50,000)50,000.00 - - - 50,000.00
Unassigned 350,832.00 - - - 350,832.00
Total Individual Assistance Grants 900,832.00 - 35,000.00 35,000.00 865,832.00
7,700,832.00$ 4,044,902.08$ 819,899.46$ 4,864,801.54$ 2,836,030.46$ Total All
City of Kenai COVID-19 CARES Act
Relief and Recovery Grant Programs
Program Update
Attachment B
August 26, 2020
First Responder and Incident Management Team
Payroll
Business and Nonprofit Entity Recovery Grants
CARES Act Administration & Non-Payroll
Individual Assistance Grants
Page 61
Current Budget
Budget After
Ord. 3158-2020/
Reso. 2020-70 Actual FY20 Actual FY21
Total
Expenditures
Available After
Ord. 3158-2020/
Reso. 2020-70
3,500,000.00$ 4,175,524.00$ 2,005,476.77$ 458,413.14$ 2,463,889.91$ 1,711,634.09$
Round 1: Small Business and Nonprofit Grants 3,000,000.00 2,215,000.00 1,905,000.00 310,000.00 2,215,000.00 -
Round 2: Small Business Grants - 2,785,000.00 - - - 2,785,000.00
Total Business and Nonprofit Entity Recovery 3,000,000.00 5,000,000.00 1,905,000.00 310,000.00 2,215,000.00 2,785,000.00
300,000.00 300,000.00 134,425.31 16,486.32 150,911.63 149,088.37
Small Business 150,000.00 150,000.00 - 14,000.00 14,000.00 136,000.00
Commerical Fishers 150,000.00 150,000.00 - 21,000.00 21,000.00 129,000.00
Rental and Mortgage Relief 150,000.00 400,000.00 - - - 400,000.00
Mental Health Services 50,000.00 50,000.00 - - - 50,000.00
Small Business Marketing Services 50,000.00 50,000.00 - - - 50,000.00
Food Assistance Services - 65,000.00 - - - 65,000.00
Unassigned 350,832.00 35,832.00 - - - 35,832.00
Total Individual Assistance Grants 900,832.00 900,832.00 - 35,000.00 35,000.00 865,832.00
7,700,832.00$ 10,376,356.00$ 4,044,902.08$ 819,899.46$ 4,864,801.54$ 5,511,554.46$
City of Kenai COVID-19 CARES Act
Relief and Recovery Grant Programs
Ordinance 3158-2020 & Resolution 2020-70
Proposed Program Amendments
Attachment C
Total All
August 26, 2020
First Responder and Incident Management Team
Payroll
Business and Nonprofit Entity Recovery Grants
CARES Act Administration & Non-Payroll
Individual Assistance Grants
Page 62
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3159-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING A MUNICIPAL ARTS & CULTURE MATCHING GRANT FROM THE
RASMUSON FOUNDATION IN THE COVID-19 CARES ACT RECOVERY FUND.
WHEREAS, the City applied for and received a $50,000 Municipal Arts & Culture Matching Grant
from the Rasmuson Foundation; and,
WHEREAS, the Municipal Arts & Culture Matching Grant Program was designed to increase
municipal allocation of Alaska’s CARES Act “Direct Municipal Relief” funds to arts and culture
organizations; and,
WHEREAS, the City issued five CARES Act grants to local not for profit, arts and culture
organizations including the Kenai Historical Society, the Kenai Peninsula Orchestra, the Kenai
Performers, the Performing Arts Society, and the Peninsula Arts Guild; and,
WHEREAS, providing supplemental funding in the amount of $10,000 to each of these
organizations utilizing grant funds received from the Rasmuson Foundation 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 City Manager is authorized to accept a grant in the amount of $50,000
from the Rasmuson Foundation and to expend the funds in accordance with grant provisions and
this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
COVID19 CARES Act Recovery Fund:
Increase Estimated Revenues –
Other Grants $50,000
Increase Appropriations – Business and Not-for-Profit Recovery Grants
Grants $50,000
Section 3. That the City Manager is authorized to execute a grant agreement and to expend
the funds pursuant to that agreement and this ordinance.
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
Page 63
Ordinance No. 3159-2020
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 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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: August 19, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 64
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 13, 2020
SUBJECT: Ordinance 3159-2020 – Rasmuson Foundation Arts and Culture Grant
The City applied for and received a $50,000 Municipal Arts & Culture Matching Grant from the
Rasmuson Foundation to support local arts and culture organizations. The Municipal Arts &
Culture Matching Grant Program was designed to match municipal allocation of CARES Act
funding to arts and culture organizations that received federal CARES Act funding through
municipalities.
The City issued five CARES Act grants to local nonprofit arts and culture organizations that
applied for grants through the City’s First Relief and Recovery Grant Program Period. The
application period was open for two weeks, June 5, 2020 to June 19, 2020 and re-opened from
July 10, 2020 to July 17, 2020 and was open to nonprofits that provide services to residents of
the City. The arts and culture organizations that received funds under the program and are eligible
for the additional funding are the Kenai Historical Society, the Kenai Peninsula Orchestra, the
Kenai Performers, the Performing Arts Society, and the Peninsula Arts Guild.
Ordinance 3159-2020 provides additional funding in the amount of $10,000 to each of these
organizations utilizing grant funds received from the Rasmuson Foundation and will allow the City
to distribute the funds.
Your consideration is appreciated.
Page 65
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3160-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE
AND THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND AND DECREASING REVENUES
AND APPROPRIATIONS IN THE AIRPORT EQUIPMENT CAPITAL PROJECT FUND FOR
COSTS INELIGIBLE UNDER THE FEDERAL AVIATION ADMINISTRATION’S AIRPORT
IMPROVEMENT GRANT PROGRAM FOR THE PURCHASE OF SNOW REMOVAL
EQUIPMENT (SRE) – LOADER WITH ATTACHMENTS.
WHEREAS, Ordinance 3117-2020 SUBSTITUTE appropriated funds for the purchase of a new
wheeled loader utilizing Airport Improvement Program (AIP) Grant Funds and CARES Act Grant
Funds from the Federal Aviation Administration (FAA); and,
WHEREAS, subsequent to the passage of Ordinance 3117-2020 SUBSTITUTE, FAA staff have
determined that diagnostic equipment, costing $3,900, purchased with the loader is not eligible
under the AIP Grant Program; and,
WHEREAS, the actual grant award from the FAA has been amended requiring local funds to pay
for these ineligible costs; and,
WHEREAS, bids for the loader replacement were received in June and in the interest of expediting
the issuance of a purchase order utilizing the provision of KMC 1.15.70(d) which provides for the
introduction and final passage of an appropriating ordinance at a single meeting is in the best
interest of the City; and,
WHEREAS, sufficient funds are available in the Airport Special Revenue Funds and the purchase
of equipment for efficient snow removal at the airport is in the public interest.
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 Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $3,900
Increase Appropriations –
Airfield – Transfer to Other Funds $3,900
Section 2. That the estimated revenues and appropriations be increased as follows:
Page 66
Ordinance No. 3160-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Airport Equipment Capital Project Fund:
Increase Estimated Revenues –
Transfer from Other Funds $3,900
Increase Appropriations –
Equipment $3,900
Section 3. That the estimated revenues and appropriations be decreased as follows:
Airport Equipment Capital Project Fund:
Decrease Estimated Revenues –
Airport Improvement Program $(3,656
CARES Act ( 244)
$(3,900)
Decrease Appropriations –
Equipment $(3,900)
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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _ __________
Introduced: September 2, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 67
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: August 20, 2020
SUBJECT: Resolution No. 3160-2020
It was discovered during the grant application process that four items identified as diagnostic
repair and software items are not Airport Improvement Program eligible.
The FAA grant application has been corrected to reflect $3,900 as non-AIP eligible and a
responsibility of the City.
This Ordinance appropriates $3,900 from the Airport Special Revenue Fund to pay for these
items.
Thank you for your consideration.
Page 68
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3161-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE COVID-19 CARES ACT
RECOVERY FUND AND ACCEPTING A CARES ACT GRANT PASSED THROUGH THE KENAI
PENINSULA BOROUGH FOR KENAI SENIOR CENTER EXPENDITURES IN RESPONSE TO
THE COVID-19 PUBLIC HEALTH EMERGENCY.
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020, and other positive diagnoses have since occurred on the Kenai Peninsula; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020, and the President of the United States issued a Proclamation
Declaring a National Emergency on March 13, 2020; and,
WHEREAS, on March 18, 2020, the City Manager declared a local disaster emergency that was
extended the same day by the City Council; and,
WHEREAS, on March 24, 2020, the City Council enacted Ordinance 3115-2020 granting the City
Manager City certain emergency powers; and,
WHEREAS, on April 9, 2020 President Donald J. Trump approved a Disaster Declaration for the
State of Alaska; and,
WHEREAS, the State of Alaska’s distribution of $568,572,886 to local governments included
$37,458,449 to the Kenai Peninsula Borough; and,
WHEREAS, the Borough has initiated a pass-through grant program to senior citizen centers that
will provide up to $50,000 for expenditures related to response and recovery from the COVID-19
Public Health Emergency; and,
WHEREAS, the Kenai Senior Center has applied and been awarded a grant f or $50,000 to be
used for meal distribution and facility improvements; and,
WHEREAS, the grant requires the expenditure of funds by November 30, 2020 prompting the
request to utilize the provision of KMC 1.15.70(d) which provides for the introduction and final
passage of an appropriating ordinance at a single meeting; and,
WHEREAS, acceptance of these pass through-funds is in the best interest of the City, its business
and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Page 69
Ordinance No. 3161-2020
Page 2 of 2
_____________________________________________________________________________________
Section 1. That the City Manager is authorized to accept a grant in the amount of $50,000
from the Federal Government passed through the Kenai Peninsula Borough for Kenai Senior
Center expenditures in response to and recovery from the COVID-19 Public Health Emergency.
Section 2. That the City Manager is authorized to execute grant agreements to accept these
funds and expend the funds pursuant to that agreement and this ordinance.
Section 3.
That the estimated revenues and appropriations be increased as follows:
COVID-19 Cares Act Recovery Fund:
Increase Estimated Revenues –
Federal Grants $50,000
Increase Appropriations –
City Resiliency and Recovery
General Contingency $50,000
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 2nd day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: September 2, 2020
Enacted: September 2, 2020
Effective: September 2, 2020
Page 70
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: August 21, 2020
SUBJECT: Ordinance No. 3161-2020
Representatives of senior centers on the Kenai Peninsula Borough met via ZOOM July 31st to
discuss the impacts to their programs and additional costs incurred as the result of the COVID-
19 public health emergency. The general consensus included the need to retrofit facilities for
future congregate settings while maintaining social distancing mandates or to address the
financial impacts of providing additional meals to seniors during this time.
The centers were then asked to provide information to be shared with the assembly with the
concerns pertinent to their programs. On August 11, 2020, the Kenai Peninsula Borough
Assembly approved $50,000 to each senior center within the Borough to use to mitigate COVID-
19. The Kenai Senior Center will be using these funds to change to touch free appliances or
fixtures wherever possible and to increase space for social distancing in the Card Room/Library.
Your support for the Ordinance No. 3161-2020 is greatly appreciated.
Thank you.
Page 71
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: August 27, 2020
SUBJECT: Resolution No. 2020 – 71 – Approving An Airline Operating Agreement
and Terminal Areal Lease with Corvus Airlines, Inc., D/B/A Ravn Alaska
RAVN Air Group, Inc filed chapter 11 Bankruptcy in the Spring of 2020 and ceased flight
operations in Kenai. FLOAT shuttle recently completed a purchase of a significant portion of
RAVN Air Group’s assets and is looking to reestablish flight service in Kenai as Corvus Airlines,
DBA Ravn Alaska beginning September 22, 2020 at the earliest. The City administration has been
working with the new ownership group to reestablish service in Kenai and thought all the pieces
of the puzzle would be in place for this packet. However, there are still outstanding issues that
need to be addressed, and administration requests Council postpone this Resolution indefinitely
and a new resolution will be brought back before Council as soon as September 16, 2020 to allow
for operations to begin on September 22 if necessary.
Your consideration is appreciated.
Page 72
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-72
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE
EXECUTION OF A LEASE OF AIRPORT RESERVE LANDS USING THE STANDARD LEASE
FORM BETWEEN THE CITY OF KENAI AND ALASKA AIR FUEL, INCORPORATED, FOR A
PORTION OF LOT 5, FBO SUBDIVISION NO. 8.
WHEREAS, Alaska Air Fuel, Incorporated, submitted a complete lease application to the City
and paid the required application fee; and,
WHEREAS, Alaska Air Fuel, Incorporated, is eligible for a lease for a term of 45 years based
upon an investment amount of $1,000,000 and pursuant to KMC 21.10.080 –Length of Lease
Term; and,
WHEREAS, Alaska Air Fuel, Incorporated, is current on obligations to the City of Kenai for its
existing special use permits; and,
WHEREAS, a subdivision is necessary to create the parcel Alaska Air Fuel desires to lease; and,
WHEREAS, other Airport purposes are served by the subdivision because an additional lease lot
will be created and the right-of-way will extended for North Willow Street in alignment with the
Airport Layout Plan and; and,
WHERAS, City Council may choose that the City will share in the subdivision costs with an
applicant under Kenai Municipal Code 21.10.040(c) if other airport purposes are served by the
subdivision; and,
WHEREAS, the lease use will be a fixed based operator (FBO) with hangar and office; 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,
Page 73
Resolution No. 2020-72
Page 2 of 2
_____________________________________________________________________________________
WHEREAS, at its regular meeting on August 13, 2020, the Airport Commission reviewed the
lease renewal application submitted by Alaska Air Fuel, Incorporated and recommended
approval by the City Council; and,
WHEREAS, at its regular meeting on August 12, 2020, the Planning and Zoning Commission
reviewed the lease renewal application submitted by Alaska Air Fuel, Incorporated and
recommended approval by the City Council as long as the lessee’s subdivision of the lot would
leave the City with a useful and leasable remaining parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That a Lease of Airport Reserve Lands is approved contingent on a completed
subdivision and the City Manager is authorized to execute a lease between the City of Kenai,
Lessor, and Alaska Air Fuel, Incorporated, Lessee, after completion of a subdivision, with the
following conditions:
Lot improvements as outlined in lease application a hangar with office space to be
completed within two (2) years of signing the lease;
The lease term will be 45 years;
Lot developments will prevent unauthorized access to the airfield;
Structures will be built behind the 100 foot building restriction line;
Parking spaces will be provided as required by Kenai Municipal Code 14.20.250 –
Off-street parking and loading requirements;
Alaska Air Fuel, Incorporated is responsible for all snow removal, and snow may
not touch the perimeter security fence or be piled to a height that would allow
access to the airport; and
Section 2. That a subdivision of the property must occur prior to the lease to create a
parcel with the 280 foot width and 392 foot depth as Alaska Air Fuel requested to lease,
create a new parcel to be retained by the City covering the remaining adjacent treed area,
and dedicate the right-of-way for North Willow Street that continues northwest through
parcel 04318044, described as All of Section 32 excluding Subdivisions & Leased Areas
& Kenai Municipal Airport Float Plane Basin Replat as shown on Attachment A, with the
cost of the subdivision being shared equally by the City of Kenai and Alaska Air Fuel,
Incorporated.
Section 3. That this resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 74
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: August 25, 2020
SUBJECT: Resolution No. 2020-72 – Execution of a Lease of Airport Reserve
Lands Between the City of Kenai and Alaska Air Fuel, Inc.
Alaska Air Fuel submitted an application to the City for a Lease of Airport Reserve Lands for the
property described as a portion of Lot 5, FBO Subdivision No. 8 located at 525 N. Willow St. The
Kenai Peninsula Borough parcel number is 04336043. The application requests a term of 45
years, with an investment value clarified by email of $1 million dollars. Pursuant to the term table
in Kenai Municipal Code (KMC) 21.10.080 (b), the City and the applicant are in agreement to a
term of 45 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 has not received a competing lease application for the parcel.
The applicant states that the use of the premises will be FBO with hangar and office. The
applicant’s initial stated uses also included crew quarters and a coffee shop, but these uses were
deleted from the application after discussion with the City. Alaska Air Fuel would not like to lease
a portion of the entire parcel and subdivision must be completed prior to a lease document being
signed. Alaska Air Fuel would need to comply with Airport fencing requirements and parking. Their
site plan shows an approximation of the fence location and notes that additional parking spaces
would need to be added into the design prior to obtaining a building permit.
The parcel is within the Airport Light Industrial (ALI) Zone per Kenai Municipal Code (KMC)
14.20.065. 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 uses by
Alaska Air Fuel are permitted and compatible uses in the ALI Zone.
The proposed use by Alaska Air Fuel complies with the 2016 Imagine Kenai 2030 Comprehensive
Plan. It supports Goal 5-Transportation, which has a vision for Kenai Municipal Airport as a
gateway to the Kenai Peninsula and West Cook Inlet.
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
Page 75
Page 2 of 2
local economic development. The proposed use by Alaska Air Fuel, Inc. complies with the Airport
Land Use Plan.
The Airport Commission recommended approval of the lease application during their August 13,
2020 meeting. The Planning and Zoning Commission recommended approval of the lease
application during their August 12, 2020 meeting. However, the Planning and Zoning Commission
had reservations about the subdivision leaving the City with small-size parcel and recommended
the applicant either lease the entire parcel or leave the City with a larger parcel by bumping the
lot line out. The applicant would still like to lease a portion of the lot and is aware the City would
require that the unleased parcel created by the subdivision be increased in size by moving the lot
line northeast into parcel 04318044 (305 N. Willow St.). City Administration recommends
approving the lease with that stipulation for the subdivision and also requiring that right-of-way for
North Willow Street be dedicated along the entire boundary of the parcels created by the
subdivision.
The first attached map shows the portion of the lot depicted that Alaska Air Fuel has requested to
lease. The lot is 400 feet in width (frontage along Willow Street) x 392 feet in depth (distance of
lot back from Willow Street to Airport taxiway). Alaska Air Fuel has requested to lease an area
280 feet x 392 feet (corrected to 392 feet from the 380 feet in depth shown on their submitted site
plan). If the lot is subdivided and the requested area is leased, it would leave a parcel
approximately 120 feet in width by 392 feet in depth. This area is adjacent to a large 330-acre
parcel owned by the City. The second map shows a smaller scale map in order to depict adjacent
parcels of the requested lot for additional information.
The third map shows a proposed draft layout for the subdivision, with the expectation that Alaska
Air Fuel would lease Lot 5A. Kenai Municipal Code 21.10.040(c) states, “If the Council determines
that other airport purposes are served by the subdivision, the City Council may choose in its sole
discretion that the City will share in the subdivision costs with the applicant in whatever amount
the City Council determines is reasonable given the benefit to the airport”. Given that the
subdivision serves also airport purposes by designating additional right-of -way for the existing
North Willow Street and breaks a large City parcel into tracts in addition to creating the lot space
requested by the applicant, City Administration recommends the applicant and the City split the
cost of the subdivision.
Resolution No. 2020-72 would grant the approval of the Kenai City Council for the City Manager
to enter into a Standard Lease of Airport Reserve Lands between the City of Kenai and Alaska
Air Fuel, Inc. for a portion of Lot 5, FBO Subdivision No. 8.
Thank you for your consideration.
Attachments:
• Application
• Preliminary Site Plan
• Maps (Small-Scale and Large-Scale)
Page 76
City of Kenai
land Lease Application
Application for:
-Amendment
Assignment
x New Lease
Extension
Renewal
Name of Applicant: Alaska Air Fuel, lnc.
Mailing Address: 3700 West Aviation Ave. City: Wasilla State: Ak Zip Code: 99654
·Phone Number(s): Home Pihone: 907-317-5169 Work/ Message Phone: 907-317-5169
.E-mail: (Optional} alaskaai rfual@hctrnail.com
Name to Appear on Lease: Alaska Ai r Fuel, Inc.
Mailing Address: 3700 West Aviation Ave. City: Kenai State: Ak Zip Code: 99654
rPhone Number(s): Home Phone: 907-317-5169 WorkJ Message Phone: 907-317-5169
E-milil: (Optional} alaskaairfual@hotmaU.ccm
Type of Applicant: Individual {at feast 18 years of age}
Li mited Liability Company (LLC)
I Partnership xi Corporation Government
I Other
-.
Property Information and Temi Requested -
Legal description of property (or, if su bd ivision is required, a brief description of property):
525 N. Willow St.
Lot 5, FBO Subd. No. 8 full depth X 240ft of apron and road frontage
Does the property require subdivision? (if Yes, answer next two questions) rx-YES I NO
Subdlvlt;ion coi:ot~ ;irA the responsibility or the applir.ant unless the City Council
determines a subdivision serves other City purposes:
1 Do you t>AliAVA fhA propo$;Ar:I s11brlivision wnulrl serve othRr City purposRs? ~YES L NO
2. Are you prepared to be responsible tor all costs associated with subdivision? !:&YES IE NO
If an appraisal rs required to determine the minimum price on the land, are you prepared to be
responsible tor the deposit to cover costs associated with appraisal? (The cost of the appraisal ~YES
will :be eitliar refund6d or credited toward tries purcha&er at closlr1 a)
Are you prepared to be responsible for recording costs associated with tease execution? ~YES
-
Do you have or have you ever had a Lease with the City? (if Yes, answer next question) ~YES _j NO
1. Legal or brief description of property leased:
15000 square foot tie down at the base of the tower
Request a Lease with an Option to Purchase once development requirements are metf•·;;::~~""""iE YES L NO
Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years): 45 yrs
Requested term for Lease Extension (based on Term Table, not to exceed a total of 45 Years): 45 yrs
Roque3tcd Starting D~to: 1 June 2020
RECEIVED
CITY OF KENAI
DATE L/(e(Zo2-0
PLANNING DEPARTMENT
-
I
Page 77
----------------------------------------
Page 78
LEGEND
(} Parcel04336043
I I I I I
0 25 50 Feet
==~~_s
Date: May 2020
Lease Application
Parcel 04336043
525 North Willow St.
lot 5, FBO Subd. No. 8
1 ~Q(Ki{\S s~
?--~ \1CoD f+
Df-\Ad.~°' -r
LAJ5\J\\~ ~ '['~ i '\'-{', ~
~-e>r KN\C
\ t..\:;}.o ~SD
C'o)Ci)
Data Source : Kenai Peninsula Borough . Data is for graphic representation only. Imagery may not match true parcel boundaries .
Page 79
Page 80
Lease Application from Alaska Air Fuelfor a Portion of Parcel 04336043525 North Willow St.Lot 5, FBO Subd. No. 8
N WILLOW ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Date: August 2020
0 8040 Feet
LEGEND
Parcel 04336043
Portion of Parcel
Requested in
Lease Application
Page 81
Surrounding Parcels forLease Application from Alaska Air Fuelfor a Portion of Parcel 04336043525 North Willow St.Lot 5, FBO Subd. No. 8
N WILLOW STKENAI SPUR HWYFLOATPLANE RDFIR
S
T
A
V
E
WALKER LNAIR
P
O
R
T
W
A
Y
CORAL STS WILLOW STBIDARKA STFBO RD.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries.
Date: August 2020
0 510255 Feet
LEGEND
Parcel 04336043
Page 82
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2020-74
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AMENDING THE AGREEMENT FOR
EMERGENCY SERVICES TRAINING AND CLINICAL EXPERIENCES WITH THE UNIVERSITY
OF ALASKA TO ACCOMMODATE OVERNIGHT STAYS AND UPDATE INSURANCE
REQUIREMENTS.
WHEREAS, the Kenai Fire Department has a long cooperative history with the University of
Alaska Kenai Peninsula Campus providing emergency service training and supervised clinical
experiences for students; and,
WHEREAS, this arrangement is mutually beneficial to the City and University as the University
receives training for its students, and the City supports instate training and certification of
firefighters and paramedics; and,
WHEREAS, the City and University last signed an agreement in 2019 effective for 5 years; and,
WHEREAS, because of the COVID-19 public health emergency, students are restricted from
traveling out of state to gain necessary practical experience as they have in the past and the
Kenai Fire Department can expand its assistance to the University by allowing students to sleep
at the station during shift and providing other opportunities; and,
WHEREAS, it is in the best interest of the City to amend its Agreement with the University to
provide for these expanded student opportunities and likewise update insurance requirements
recommended by the City’s insurance consultant to accommodate these changes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager or designee is authorized to sign an amendment to the
City’s 2019 Agreement with the University as attached hereto.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September, 2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 83
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Manager
DATE: August 27, 2020
SUBJECT: Resolution 2020 – 74 - Agreement for Emergency Services and
Clinical Experiences with the University of Alaska
The Kenai Fire Department has worked cooperatively with the University to provide its students
with opportunities for emergency service training and supervised clinical experiences. Paramedic
students will often leave Alaska to train with busier jurisdictions in order to gain the necessary
experience for certification. Because of the COVID-19 public health emergency, these out of state
opportunities have been restricted. The Fire Department can provide greater opportunities for
local students to fill this gap as best as possible. This Resolution requests Council’s support in
amending the current agreement with the University to provide for students to stay overnight and
changes the insurance requirements to accommodate the potential increased risk at the
recommendation of the City’s insurance consultant. The plan is for the Fire Department to train 9
students in the near future in groups of 3. Attached to this is a copy of the current Agreement
showing the proposed changes in track changes.
Your consideration is appreciated.
Page 84
Agreement City of Kenai -2019-2024
Page 1 of 4
UNIVERSITY OF ALASKA - Anchorage
KENAI PENINSULA COLLEGE (KPC)
MATANUSKA-SUSITNA COLLEGE (MSC)
AGREEMENT for Emergency Services Training and Clinical Experiences
This agreement is made between the University of Alaska Anchorage " Kenai Peninsula
College & Matanuska-Susitna College, (hereinafter "KPC/MSC") and the City of Kenai on
behalf of the Kenai Fire Department, (hereinafter "KFD") for emergency services training and
supervised clinical experiences.
PURPOSE: Both KPC and MSC teach Paramedic, EMT, and other Emergency Services
courses (hereinafter referred to as the 'program') to help fulfill the need for paramedics and
other first responders within the State of Alaska. The City of Kenai further recognizes the need
for paramedic and other emergency responders on the Kenai Peninsula.
The UAA (KPC/MSC) Paramedic Program and the City of Kenai agree to collaborate for
paramedic and other emergency services students to have on-site training experiences in
conjunction with the Kenai Fire Department.
A. KPC/MSC RESPONSIBILITIES:
1. KPC/MSC will conduct its program in conformity with all applicable state and federal
laws and regulations.
2. KPC/MSC will provide a qualified course instructor to conduct all student
assessments and evaluations and all administrative details needed for the course.
3. KPC/MSC will require participating students to abide by the rules of dress and
conduct and other reasonable regulations of the City of Kenai, and to exercise the
highest degree of care when using the City's supplies and equipment.
4. KPC/MSC will provide the Kenai Fire Department with the number of hours each
student will be enrolled and a general description of each student's course
objectives, as needed for the on-site or ride-along training and accreditation process.
5. KPC/MSC shall maintain, in the amount of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate, professional and general liability insurance for its
employees and students. KPC/MSC shall arrange a separate professional liability
policy with the same or higher limits for students that are placed with the City of
Kenai under this Agreement naming the City of Kenai as an additional insured, if
possible. KPC/MSC shall provide City of Kenai with a certificate of insurance
evidencing the coverage required by this Agreement or a letter verifying self-
insurance for general liability. KPC/MSC agrees to provide a letter to the City
Page 85
Agreement City of Kenai -2019-2024
Page 2 of 4
agreeing to defend and indemnify the City for the acts and omissions of its students
while participating in the Emergency Service Training and Clinical Experiences
Covered by this Agreement. Students are responsible for their own health insurance
coverage for the duration of their assignment at the City of Kenai.
6. KPC/MSC will require a criminal background check pursuant to applicable "Child and
Adult Abuse Laws." The student will be required to provide KPC/MSC with a copy of
the criminal background check results prior to placement. The placement of each
student at the City of Kenai is contingent upon provision of the criminal background
check results. (The results will be stored at KPC/MSC but are available to City of
Kenai upon request.)
7. KPC/MSC and participating students shall be required to follow applicable
procedures as written and distributed to KPC/MSC by the City of Kenai, and/or the
Kenai Fire Department.
8. KPC/MSC shall be responsible for the actions or inactions of its employees during
the course of the program. Any City of Kenai employees or volunteers who perform
services as employees of KPC/MSC as a part of this program shall be considered
solely as KPC/MSC employees and not City of Kenai employees or volunteers during
training courses and while performing such services.
9. Upon reasonable and proper notice, KPC/MSC will allow the City of Kenai to
examine the course materials and student assessments in conjunction with any
legitimate accreditation needs.
B. CITY OF KENAI (KENAI FIRE DEPARTMENT) RESPONSIBILITIES:
1. As space, time, and business needs allow, City of Kenai will accept KPC/MSC
students at the fire departments, and department training grounds for training of
practical skills. The student(s) will report to the .City's location as assigned.
2. The City of Kenai will allow paramedic students to function under the direct
supervision of a licensed paramedic as allowed by the program under the authority of
12 MC 40.370(b)(3).
3. The City of Kenai will allow other emergency services (firefighter students, ETT and
EMT students) to observe and/or assist full-time personnel as approved by the Fire
Chief of the Kenai Fire Department.
4. The City.of Kenai will allow for either 12, or 24 hour ride-along and or overnight stay
opportunities for students who have met the program's eligibility requirements and
signed the waiver and release from liability.
5. The City of Kenai will allow the KPC/MSC instructors a period of orientation in its
facilities prior to the placement of students.
Page 86
Agreement City of Kenai -2019-2024
Page 3 of 4
6. The City of Kenai will permit participating students reasonable use of the dressing
and sleeping areas, restrooms, and dining areas of its facilities.
7. Students are not considered employees of the City of Kenai while attending KPC or
MSC classes, or when training with the City of Kenai pursuant to this agreement, and
the City of Kenai agrees:
a. To not promise prior to the completion of the work-based learning
experience to provide any student a job.
b. To not pay wages or other compensation for work done during the work-
based learning experience.
c. To not displace any employee as a result of the placement of a student at
the worksite during the training.
d. To maintain adequate staffing so that students are not expected to meet
City of Kenai service demands.
e. City of Kenai will not provide workers compensation insurance for
students.
8. Family Educational Rights and Privacy Act. Personally identifiable information from
students' education records shall be disclosed only in accordance with the Family
Educational Rights and Privacy Act (FERPA). The Borough and its officers,
employees and agents may use information disclosed from education records only
for the purposes for which the disclosure was made. The Borough shall not disclose
information from education records to any other party without first having received
written consent of the student, or from the student's parent if the student is less than
18 years of age, and after obtaining assurances that the other party will fully comply
with the provisions of the Family Educational Rights and Privacy Act and that no
further disclosure by such party shall occur or be permitted.
C. GENERAL PROVISIONS
1. There will be no monetary reimbursement from either party to the other for the
mutual benefits received under this agreement, nor will any student be reimbursed
for services performed incidental to this agreement.
3. This agreement shall become effective on July 1, 2019 and shall remain in effect
for a period of three (5) years, expiring on June 30, 2024.
4. This agreement may be terminated by either party by providing written notice to the
other party at least 30 days prior to the date of proposed termination.
Formatted: Underline
Page 87
Agreement City of Kenai -2019-2024
Page 4 of 4
5. Participating students must sign a City of Kenai release and liability waiver prior to
training with the City of Kenai under this agreement.
D. SIGNATURES
The parties, by and through their duly authorized representatives, indicate their willingness to be
bound by the forgoing provisions by affixing their respective signatures below:
Kenai Fire Department City of Kenai
105 S. Willow Street 210 Fildago Ave
Kenai,AK 99611 Kenai, AK 99611
(907) 283-7666 (907) 283-7535
tprior@kenai.city postrander@kenai.city
Tony Prior Paul Ostrander
Fire Chief, Kenai Fire Department City Manager, City of Kenai
Matanuska-Susitna College Kenai Peninsula College
PO Box 2889, Mile 2 Trunk Road 156 College Road
Palmer, AK 99669 Soldotna, AK 99669
(907) 262-4441 (907) 262-0300
tjcolbern@matsu.alaska.edu gjturner@kpc.alaska.edu
Talis J. Colberg, MSC College Director Gary J. Turner, KPC College Director
Date Date
Page 88
Agreement City of Kenai -2019-2024
Page 1 of 2
FIRST AMENDMENT TO UNIVERSITY OF ALASKA - Anchorage
KENAI PENINSULA COLLEGE (KPC)
MATANUSKA-SUSITNA COLLEGE (MSC)
AGREEMENT for Emergency Services Training and Clinical Experiences
This AMENDMENT to this agreement is made between the University of Alaska Anchorage "
Kenai Peninsula College & Matanuska-Susitna College, (hereinafter "KPC/MSC") and the
City of Kenai on behalf of the Kenai Fire Department, (hereinafter "KFD") for emergency
services training and supervised clinical experiences.
• Sub-Section A. (5) is amended to read:
5. KPC/MSC shall maintain, in the amount of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate, professional and general liability insurance for its
employees and students. KPC/MSC shall arrange a separate professional liability policy
with the same or higher limits for students that are placed with the City of Kenai under
this Agreement naming the City of Kenai as an additional insured, if possible. KPC/MSC
shall provide City of Kenai with a certificate of insurance evidencing the coverage
required by this Agreement or a letter verifying self-insurance for general liability.
KPC/MSC agrees to provide a letter to the City agreeing to defend and indemnify the
City for the acts and omissions of its students while participating in the Emergency
Service Training and Clinical Experiences Covered by this Agreement. Students are
responsible for their own health insurance coverage for the duration of their assignment
at the City of Kenai.
• Sub-Section B(4) is amended to read:
4. The City of Kenai will allow for either 12 or 24 hour ride-along and or overnight stay
opportunities for students who have met the program's eligibility requirements and
signed the waiver and release from liability.
• Sub-Section B(6) is amended to read:
6. The City of Kenai will permit participating students reasonable use of the dressing and
sleeping areas, restrooms, and dining areas of its facilities.
• Sub-Section 7(e) is deleted in its entirety:
• Except as expressly modified or stated herein, all other terms and conditions of the
Agreement remain in full force and effect.
Page 89
Agreement City of Kenai -2019-2024
Page 2 of 2
Kenai Fire Department City of Kenai
105 S. Willow Street 210 Fildago Ave
Kenai, AK 99611 Kenai, AK 99611
(907) 283-7666 (907) 283-7535
tprior@kenai.city postrander@kenai.city
Tony Prior Paul Ostrander
Fire Chief, Kenai Fire Department City Manager, City of Kenai
Matanuska-Susitna College Kenai Peninsula College
PO Box 2889, Mile 2 Trunk Road 156 College Road
Palmer, AK 99669 Soldotna, AK 99669
(907) 262-4441 (907) 262-0300
tjcolbern@matsu.alaska.edu gjturner@kpc.alaska.edu
Talis J. Colberg, MSC College Director Gary J. Turner, KPC College Director
Date Date
Page 90
_____________________________________________________________________________________
Sponsored by: Mayor Gabriel
CITY OF KENAI
RESOLUTION NO. 2020-75
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING JOINT
RESOLUTION NO. 2020-001 OF THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH
AND COUNCILS OF THE CITY OF KENAI AND CITY OF SOLDOTNA ENCOURAGING ALL
RESIDENTS TO TAKE THE NECESSARY PRECAUTIONS AND FOLLOW THE
RECOMMENDED PREVENTATIVE MEASURES OF THE CDC TO REDUCE THE SPREAD OF
COVID-19 IN OUR COMMUNITY DURING THE PUBLIC HEALTH EMERGENCY.
WHEREAS, the novel Coronavirus, known as COVID-19 can result in serious illness or death
and has shown to be easily transmittable from person to person; and,
WHEREAS, reducing the high risk of serious illness from COVID-19 is especially critical to
older adults and individuals who have pre-existing medical conditions; and,
WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11,
2020; and,
WHEREAS, the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020 and other positive diagnoses have since occurred; and,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020, the President of the United States issued a Proclamation Declaring
a National Emergency on March 13, 2020, and the City declared a local disaster emergency on
March 18, 2020; and,
WHEREAS, Governor Mike Dunleavy has issued several mandates to prevent the rapid
transmission of COVID-19; and,
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends certain
preventative measures to reduce the spread of COVID-19; and
WHEREAS, Governor Mike Dunleavy has yielded management and mitigation responsibilities of
the COVID-19 public health emergency to the local level; and
WHEREAS, maintaining uniformity among the central peninsula communities is a preferred
approach to management and mitigation of the COVID-19 public health emergency; and
WHEREAS, the Assembly of the Kenai Peninsula Borough adopted Joint Resolution 2019-001 at
their ________________ Assembly Meeting and the Council of the City of Soldotna will be
considering Joint Resolution 2019-001 at their September 9, 2020 Council Meeting.
Page 91
Resolution No. 2020-75
Page 2 of 2
_____________________________________________________________________________________
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council adopts Joint Resolution 2020-001.
Section 2. That the Mayor of the City of Kenai is hereby authorized to sign Joint Resolution
2020-001, encouraging all residents to take the necessary precautions and follow
the recommended preventative measures of the CDC to reduce the spread of
COVID-19 in our community during the public health emergency.
Section 3. That this resolution takes effect immediately upon adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of September,
2020.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 92
Joint Resolution No. 2020-001
Page 1 of 2
KENAI PENINSULA BOROUGH
CITY OF KENAI
CITY OF SOLDOTNA
JOINT RESOLUTION NO. 2020-001
A JOINT RESOLUTION OF THE ASSEMBLY OF THE KENAI PENINSULA
BOROUGH AND COUNCILS OF THE CITY OF KENAI AND CITY OF SOLDOTNA,
ENCOURAGING ALL RESIDENTS TO TAKE THE NECESSARY PRECAUTIONS AND
FOLLOW THE RECOMMENDED PREVENTATIVE MEASURES OF THE CDC TO REDUCE
THE SPREAD OF COVID-19 IN OUR COMMUNITY DURING
THE PUBLIC HEALTH EMERGENCY
WHEREAS, the coronavirus disease 2019 (COVID-19) Pandemic was declared an emergency by the
Kenai Peninsula Borough, the City of Kenai and the City of Soldotna; and
WHEREAS, Governor Dunleavy and Department of Health and Social Services Commissioner Adam
Crum have issued health mandates to prevent the spread of the disease; and
WHEREAS, COVID-19 poses a significant risk to the health of the community and our local health
care system; and
WHEREAS, Governor Dunleavy has yielded management and mitigation responsibilities of the
COVID-19 public health emergency to the local government level; and
WHEREAS, maintaining uniformity among the central peninsula communities is a preferred approach
to management and mitigation of the COVID-19 public health emergency; and
WHEREAS, preventative measures are the best defense against the spread of the virus; and
WHEREAS, residents of our collective communities are strongly encouraged to practice the mitigation
measures listed below which have been recommended by the Centers for Disease Control
and Prevention (CDC) and have shown to reduce the spread of coronavirus:
• Cover your mouth and nose with a mask when in public settings and in areas where
social distancing is not possible (masks should not be placed on young children under
age two, anyone who has trouble breathing, or is unconscious, incapacitated or
otherwise unable to remove the mask without assistance)
• Avoid close physical contact and stay at least six feet from other people
• Wash your hands often
• Clean and disinfect frequently touched surfaces
• Avoid touching your eyes, nose, and mouth with unwashed hands
• Avoid going out in public or going to work if you feel ill; and
WHEREAS, the economy and wellbeing of our community rests in the hands of individuals who choose
to practice good hygiene and are courteous to each other; and
WHEREAS, we all have a responsibility to ourselves and each other to keep our community strong and
healthy;
NOW, THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA BOROUGH
ASSEMBLY AND THE COUNCILS OF THE CITY OF KENAI AND CITY OF SOLDOTNA:
SECTION 1. Wearing a cloth face covering or mask in public, physical and social distancing, washing
your hands, disinfecting frequently touched surfaces, not touching your face and staying
home if you feel ill are actions that will reduce negative impacts to our local economy
during the public health emergency and the Kenai Peninsula Borough Assembly and the
Page 93
Joint Resolution No. 2020-001
Page 2 of 2
Councils of the City of Kenai and City of Soldotna strongly encourage all residents to
practice these recommended measures to prevent the spread of disease in our
communities.
SECTION 2. That this resolution takes effect immediately upon adoption of the Kenai Peninsula
Borough Assembly and the City Councils of the City of Kenai and City of Soldotna.
APPROVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS ______ DAY
OF _________________, 2020.
Kelly Cooper, Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
APPROVED BY THE COUNCIL OF THE CITY OF KENAI THIS ______ DAY OF
_________________, 2020.
Brian Gabriel Sr., Mayor
ATTEST:
Jamie Heinz, CMC, City Clerk
APPROVED BY THE COUNCIL OF THE CITY OF SOLDOTNA THIS ______ DAY OF
_________________, 2020.
Pete Sprague, Mayor
ATTEST:
Michelle M. Saner, MMC, City Clerk
Page 94
City of Kenai Council Meeting Page 1 of 10
August 19, 2020
KENAI CITY COUNCIL – REGULAR MEETING
AUGUST 19, 2020 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on August 19, 2020, in City Hall Council
Chambers, Kenai, AK. Mayor Gabriel called the meeting to order at approximately 6:00 p.m.
1. Pledge of Allegiance
Mayor Gabriel led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Brian Gabriel, Mayor Robert Molloy
Henry Knackstedt Tim Navarre
Jim Glendening Robert Peterkin
Glenese Pettey (absent)
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Jamie Heinz, City Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the agenda and packet:
Add to item D.1. Ordinance No. 3127-2020
• Memo Regarding Postponement
Add to item G.11. Response to Governor Dunleavy’s Local Mitigation Level
Recommendations
• Ketchikan Gateway Borough Mitigation Plan and Dashboard
MOTION:
Vice Mayor Molloy MOVED to approve the agenda with the requested additions to the packet and
requested UNANIMOUS CONSENT. Council Member Glendening SECONDED the motion.
Page 95
City of Kenai Council Meeting Page 2 of 10
August 19, 2020
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Vice Mayor Molloy SECONDED the motion.
The items on the Consent Agenda were read into the record.
Mayor Gabriel opened the floor for public comment; there being no one wishing to be heard, the
public comment period was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the council and will be approved by one motion. There will be no separate discussion of
these items unless a council member so requests, in which case the item will be removed
from the consent agenda and considered in its normal sequence on the agenda as part of
the General Orders.
B. SCHEDULED PUBLIC COMMENTS – None.
C. UNSCHEDULED PUBLIC COMMENTS – None.
D. PUBLIC HEARINGS
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) [Clerk's Note: At the July
1 Meeting, this item was Postponed to the 08/19/20 Council Meeting; a motion to enact
is on the floor.]
• Substitute Ordinance No. 3127-2020
MOTION TO AMEND:
Vice Mayor Molloy MOVED to amend Ordinance No. 3127-2020 by substitute ordinance and
Council Member Navarre SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
MOTION TO POSTPONE:
Council Member Knackstedt MOVED to postpone Ordinance No. 3127-2020 to the October 21
meeting and Council Member Glendening SECONDED the motion. UNANIMOUS CONSENT
was requested.
VOTE TO POSTPONE: There being no objections, SO ORDERED.
Page 96
City of Kenai Council Meeting Page 3 of 10
August 19, 2020
2. Ordinance No. 3150-2020 - Waiving Kenai Municipal Code 21.10.130 - Lease
Execution, and Approving a Lease Execution Extension to May 31, 2021 to Schilling
Rentals, LLC for Lot 5A, Block 1, FBO Subdivision 2018 Replat. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3150-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
An overview of the application as described in the memo was provided. Clarification was provided
that the need for the flights by Guardian had decreased due to COVID-19 but that they were
expected to increase again; further clarified that construction was dependent on a tenant.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend the final Whereas clause to correctly reflect the
date of August 13 when the Airport Commission recommended approval and requested
UNANIMOUS CONSENT. Vice Mayor Molloy SECONDED the motion.
VOTE ON AMENDMENT: There being no objections, SO ORDERED.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3151-2020 - Increasing Estimated Revenues and Appropriations in
the Terminal Improvements Capital Fund, and Authorizing an Increase to the
Construction Purchase Order to Blazy Construction, Inc. (Administration)
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3151-2020 and Vice Mayor Molloy
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Clarification was provided that this was intended to be the last change order for this project;
boiler was included in the project.
VOTE:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
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August 19, 2020
MOTION PASSED UNANIMOUSLY.
4. Ordinance No. 3152-2020 - Accepting and Appropriating a Project Ready Mini Grant
from the Alaska State Library for Implementing the Know Your Neighbor: Kindness
Kits Project at the Kenai Community Library. (Administration)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3152-2020 and Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
An overview of the contents of the kits was provided.
VOTE:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
5. Ordinance No. 3153-2020 - Appropriating Excess Funds Received from the Issuance
of General Obligation Refunding Bonds. (Administration)
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3153-2020 and Council Member Knackstedt
SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
An overview of the refunding bonds, as provided in the memo in the packet, was provided.
VOTE:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
6. Ordinance No. 3154-2020 - Accepting and Appropriating a Grant from the National
Marine Fisheries Service Passed Through the Pacific States Marine Fisheries
Commission, Accepting and Appropriating Additional Insurance Proceeds, and
Awarding a Contract for Repair to the Kenai City Dock for Damage Caused by
Earthquakes in 2016 and 2018 and Installation of a Cathodic Protection System to
Prevent Corrosion. (Administration)
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MOTION:
Council Member Glendening MOVED to enact Ordinance No. 3154-2020 and Council Member
Peterkin SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
Gratitude was expressed to Administration that no additional funds were needed and that the
dock was up and running.
VOTE:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
7. Resolution No. 2020-68 - Declaring the Ten-Foot Utility Easement Adjoining the
Southern Boundary of Lot 4, Eventyr Subdivision (Plat KN 83-149) and the Ten-Foot
Utility Easement Excluding the West Ten Feet Adjoining the North Boundary of Lot 5
and the Ten-Foot Utility Easement Adjoining the North and East Boundary of Lot 6
Eventyr Subdivision No. 2 (Plat KN 86-75) Granted on Plat KN 83-1149 and Plat KN
86-75 Are Not Needed for a Public Purpose and Consenting to Their Vacation.
(Administration)
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2020-68 and Vice Mayor Molloy
SECONDED the motion. UNANIMOUS CONSENT was requested.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
8. Resolution No. 2020-69 - Authorizing the City Manager to Enter a Design
Agreement with the Department of the Army for the Design for the Kenai Bluffs Bank
Stabilization Project. (Administration)
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2020-69 and requested UNANIMOUS
CONSENT. Council Member Knackstedt SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted that this agreement would allow the project design to begin immediately; specified
City and Army Corps of Engineers involvement. It was suggested a work session be scheduled
to refresh the public and Council on the project.
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An overview of the beginning phases of the Pre-Construction, Engineering, and Design
Agreement was provided. Clarification was provided that surveying had already been completed.
VOTE: There being no objections; SO ORDERED.
E. MINUTES
1. *Regular Meeting of August 5, 2020. (City Clerk)
Approved by the consent agenda.
F. UNFINISHED BUSINESS
1. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 –
Records Public, To Provide For A Record Retention Length. (City Clerk) [Clerk's
Note: At the July 1 Meeting, this Item was Postponed to the 08/19/20 Council
Meeting; a motion to enact is on the floor.]
MOTION TO POSTPONE:
Vice Mayor Molloy MOVED to postpone Ordinance No. 3128-2020 to the October 21 meeting and
Council Member Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified. (Administration)
Approved by the consent agenda.
2. *Action/Approval - Purchase Orders over $15,000. (Administration)
Approved by the consent agenda.
3. *Action/Approval - Non-Objection to the Renewal of Marijuana Licenses for Red Run
Cannabis Company, LLC and Red Run Cannabis Cultivators, LLC. (City
Clerk)Approved by the consent agenda.
Approved by the consent agenda.
4. *Ordinance No. 3155-2020 - Increasing Estimated Revenues and Appropriations in
the Airport Improvements Capital Project Fund and Accepting a Grant from The
Federal Aviation Administration for Phase One Construction of a New Sand Storage
Facility. (Administration)
Introduced by the consent agenda and public hearing set for September 2, 2020.
5. *Ordinance No. 3156-2020 - Increasing Estimated Revenues and Appropriations in
the Water and Sewer Special Revenue and Water and Sewer Improvements Capital
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August 19, 2020
Project Funds and Awarding a Construction Agreement for Improvements to the
Wasting Activated Sludge Pumps at the Waste Water Treatment Plant.
(Administration)
Introduced by the consent agenda and public hearing set for September 2, 2020.
6. *Ordinance No. 3157-2020 - Amending Kenai Municipal Code Section 1.85.010 –
Report of Financial and Business Interests, to Allow for Certification by Municipal
Officers that a Previously Filed Statement of Disclosure Remains Accurate and
Approving an Alternate Certification. (Vice Mayor Molloy)
Introduced by the consent agenda and public hearing set for September 2, 2020.
7. *Ordinance No. 3158-2020 - Increasing Estimated Revenues and Appropriations in
the COVID-19 CARES Act Recovery Fund and Accepting a CARES Act Grant Passed
Through the Kenai Peninsula Borough. (Administration)
Introduced by the consent agenda and public hearing set for September 2, 2020.
8. *Ordinance No. 3159-2020 - Accepting and Appropriating a Municipal Arts & Culture
Matching Grant from the Rasmuson Foundation in the COVID-19 CARES Act
Recovery Fund. (Administration)
Introduced by the consent agenda and public hearing set for September 2, 2020.
9. Action/Approval - Six-Month Extension Request from SOAR International Ministries,
Inc. for Lease Application Expiration for the Undeveloped Portion of Tract A, General
Aviation Apron No. 2. (Administration)
MOTION:
Council Member Knackstedt MOVED to approve a six-month extension request from SOAR
International Ministries, Inc. and Council Member Navarre SECONDED the motion and requested
UNANIMOUS CONSENT.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
VOTE: There being no objections, SO ORDERED.
10. Discussion - City Response to COVID-19. (Administration)
The number of cases, case rate, and hospitalizations were provided; also noted there were no
changes in the level of facilities open. Brought attention to Ordinance No. 3158-2020 that was
introduced at this meeting, noting Administration would have a recommendation at the September
2nd meeting regarding the specifics of fund distribution.
Council and Commission meeting protocols, including cameras in Chambers, providing details of
who was in the room during meetings, and sending a reminder to Commission members was
discussed.
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August 19, 2020
11. Discussion - City of Kenai Response to Governor Dunleavy’s Local Mitigation Level
Recommendations and Consideration of Joint Work Session with the City Of Soldotna
Council. (City Manager)
An example of a mitigation plan by the Ketchikan Gateway Borough was provided in the laydown
materials; cases within the community and providing information to the residents so informed
decisions could be made was discussed.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging – It was reported that the Council reviewed criteria for a phased
reopening and would be approving a phased plan in the future; also heard about a
Phone Buddy Program being developed and maintenance being performed; next
meeting September 10.
2. Airport Commission – It was reported the Commission recommended approval of
the SOAR extension request and Schilling lease execution extension; also
recommended approval of a new 45-year lease to Alaska Air Fuel; next meeting
September 10.
3. Harbor Commission – It was reported the commission heard an update on the
Personal Use Fishery as well as projects associated with the fishery and the dock;
next meeting October 12.
4. Parks and Recreation Commission – It was reported the commission ratified the
decision to meet in an in-person hybrid manner and discussed changes in the Kenai
River Marathon protocols; next meeting September 3.
5. Planning and Zoning Commission – It was reported the Commission reapproved a
plat with additional changes, approved a variance, conditional use permit, and
development in the THZ zone for Kenaitze, and recommended approval of a new
lease for Alaska Air Fuel; next meeting August 26.
6. Beautification Committee – It was reported the committee toured the flowerbeds;
next meeting September 8.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Attended Representative Knopp’s memorial service and Celebration of Life
where he delivered a proclamation;
• Attended virtual meetings with leaders from the City of Soldotna and the Kenai
Peninsula Borough regarding a local COVID-19 mitigation plan.
J. ADMINISTRATION REPORTS
1. City Manager - City Manager P. Ostrander reported on the following:
• Noted an update on the former Spurr Motel was provided in the packet;
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August 19, 2020
• Attended meetings regarding passing Kenai Peninsula Borough CARES Act
funds through to the cities;
• The Boys and Girls Club of the Kenai Peninsula is interested in leasing space
in the BEACON building;
• Exploring using CARES Act funds to provide tents to locals schools to manage
lunch time for students;
• Upcoming surplus auction; and
• City Planner’s resignation.
2. City Attorney – No report.
3. City Clerk – City Clerk J. Heinz reported on the following:
• Candidates running for election in the local election;
• Primary Election update.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
Everyone wished the City Planner well in her future endeavors.
Council Member Knackstedt wished the other candidates well in their election efforts.
Vice Mayor Molloy expressed appreciation to the candidates running for election and
congratulated them.
Council Member Glendening expressed appreciation for the Kenai Historical Society Newsletter,
attended the market in Old Town, and appreciated the ability to meet in person.
Council Member Peterkin noted it was good to see everyone.
Council Member Navarre noted he attended Representative Knopp and Greg Bell’s memorial
services; also reported on the recent Alaska Municipal League Board Meeting.
L. EXECUTIVE SESSION
1. Review and Discussion of the Terms of an Employment Agreement Extension for the
City Clerk which, Pursuant to AS 44.62.310(C)(2) May be a Subject that Tends to
Prejudice the Reputation and Character of the City Clerk and per AS 44.62.310(c)(1)
is a Matter of which the Immediate Knowledge may have an Adverse Effect Upon the
Finances of the City.
MOTION:
Vice Mayor Molloy MOVED to enter into Executive Session to Review and Discussion of the
Terms of an Employment Agreement Extension for the City Clerk which, Pursuant to AS
44.62.310(C)(2) May be a Subject that Tends to Prejudice the Reputation and Character of the
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August 19, 2020
City Clerk and per AS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have
an Adverse Effect Upon the Finances of the City and requested that the City Clerk and City
Attorney be available as needed. Council Member Knackstedt SECONDED the motion.
VOTE:
YEA: Gabriel, Molloy, Peterkin, Navarre, Glendening, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
Council reconvened in regular session and it was noted for the record that the Council met in
executive session to review and discuss the Employment Agreement with the City Clerk and
direction would be provided to Human Resources.
M. PENDING ITEMS
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:05 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of August 19,
2020.
_____________________________
Jamie Heinz, CMC
City Clerk
Page 104
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: SEPTEMBER 2, 2020
VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
PERS PERS VARIOUS LIABILITY 92,318.86
INTEGRITY JANITORIAL JULY SERVICES CITY HALL REPAIR & MAINTENANCE 1,389 .00
PRECIOUS JANITORIAL JULY SERVICES LIBRARY REPAIR & MAINTENANCE 2,795.00
PRECIOUS JANITORIAL JULY SERVICES POLICE REPAIR & MAINTENANCE 978.00
REBORN AGAIN JANITORIAL JULY SERVICES AIRPORT REPAIR & MAINTENANCE 4,231.25
INVESTMENTS
VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int
Page 105
PURCHASE ORDERS OVER $15,000.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF: SEPTEMBER 2, 2020
VENDOR
WARNER SHELTER SYSTEMS
MUNICIPAL EMERGENCY SERVICES
DESCRIPTION
TENTS FOR SCHOOLS
(TWO) SCOTT BREATHING
APPARATUS
INCREASE OF EXISTING PURCHASE ORDER
VENDOR DESCRIPTION
DEPT.
FINANCE
AIRPORT
P.O. # -DEPT.
ACCOUNT AMOUNT
MACHINERY & EQUIP . 31 , 190.92
SMALL TOOLS 16,174.48
REASON AMOUNT TOTAL PO AMT
Page 106
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank
DATE: August 27, 2020
SUBJECT: Purchase order in excess of $15,000 for purchase of large tents
The purpose of this memo is to request approval of the purchase order in excess of $15,000 for
the purchase of five 20’x40’x8’ tents to be provided to Kenai schools to provide additional social
distancing space for students to eat lunch to minimize the number of lunch periods required to
safely feed students and reduce the transmission of COVID-19.
The City has received requests from 3 of the 5 schools in Kenai for large outdoor tents to be used
this fall as outdoor lunch areas for students and staff to provide COVID-19 social distancing space
and minimize the number of lunch periods, sometimes a reduction of lunch periods by 50%, which
must be offered to students. The tents will remain the property of the City and can be used in the
future to provide emergency shelters and temporary spaces for events. Your support is
respectfully requested.
Page 107
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: August 19, 2020
SUBJECT: Purchase Order for Municipal Emergency Services
The purpose for this memo is to request approval of the purchase order to Municipal Emergency
Services for the purchase of 2 Scott X3 Pro Self-Contained Breathing Apparatus (SCBA’s). These
2 SCBA’s will be purchased to place in service on Airport Crash Trucks.
The airport station is currently the only station that has the older 4500psi SCBA’s which are not
compatible with the fleet replacement of 5500psi units at Station 1 as well as other responding
agencies. These 2 SCBA’s would allow our station 2 personnel to respond with equipment that
maintains continuity of operation on scene should those responding firefighters need assistance
during an incident.
Total cost of $16,174.48
Thank you for your consideration.
Page 108
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3162-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 23.50.010 – EMPLOYEE CLASSIFICATION, TO AMEND THE
CLASS TITLE AND RANGE FOR THE CITY PLANNER.
WHEREAS, pursuant to KMC 23.20.020, the classification plan shall be revised as changing
positions require it, with the recommendation of the City Manager and the approval of the City
Council; and,
WHEREAS, such revisions may consist of the addition, abolishment, consolidation, division, or
amendment of the existing classes; and,
WHEREAS, the Human Resource Director and the Assistant to the City Manager worked with the
City Manager to improve the position description, classification, grading and title for the existing
City Planner position to better reflect the current needs of the City in the areas of Planning and
Land Management as well as the upcoming recruitment efforts to fulfill the expanded needs; and,
WHEREAS, the updated position description reflects the expanded scope and responsibility of
the position, adding department-head level decision-making authority for the City’s planning,
platting, land management, land sales and leasing functions, and resulting in a role graded
appropriately as an exempt-level Director; and,
WHEREAS, this update in the structure, dependent on the final negotiated salary of the Planning
Director likely will not require an increase to the adopted FY2021 Budget as it will result in a cost-
savings due to approximately two months of vacancy in 2020; and,
WHEREAS, if the cost savings associated with the approximately two-month vacancy are not
sufficient to cover the additional cost of the Planning Director, a supplemental appropriation will
be provided to the City Council for consideration later in FY2021; and,
WHEREAS, the City Manager recommends updating the organizational structure within the
Administration promptly to allow for staffing this open position, now appropriately revised and
titled ‘Planning Director’ with a salary range befitting the experience level of candidates qualified
for the revised responsibilities; and,
WHEREAS, this newly updated position most appropriately resides within the City’s Department
Head Class.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
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Ordinance No. 3162-2020
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code,
Section 23.50.10 is hereby amended as follows:
117 [CITY PLANNER] Planning Director* [16] 18
Section 2. 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 16th day of September,
2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: September 2, 2020
Enacted: September 16, 2020
Effective: October 16, 2020
Page 110
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: August 26, 2020
SUBJECT: Ordinance 3162-2020 – Amending the Class Title and Range for the
City Planner
Upon receiving the notice of resignation of the City’s fourth planner in six years, Elizabeth
Appleby, I worked with Stormy Brown, the City’s HR Director, to review the scope and
responsibilities listed within our City Planner job description. During our evaluation it became
evident that a number of the responsibilities tied to platting and decision-making with respect to
Land Management did not accurately represent the role this position should fill within the
organization. In addition, the planning duties required expansion to more closely reflect the actual
expectations of the position.
Once these changes were incorporated into the job description, the HR Director felt the new
description should be reevaluated using the City’s Job Evaluation System. Following
reevaluation, it was determined that the revised role should be moved from a grade 16 to a Grade
18. Additionally, with the modified job responsibilities, the position should appropriately be a
department head and be placed within the Department Head Class.
Due to the vacancy of this role during the reassessment and recruitment periods, a budget
revision will likely not be necessary despite the change in grade. If the savings associated with
the vacancy are not sufficient to support the personnel costs of the new employee, a
supplemental appropriation will be provided to the City Council for consideration later in FY2020.
The City Attorney, the Assistant to the City Manager, and I will be addressing Planning and Land
Management needs during this vacancy. As this is not an ideal situation, I have asked HR to post
the newly revised and regraded Planning Director job description in advance of this approval to
begin sourcing for qualified candidates as soon as possible. Although we will not move forward
with extending an offer to any candidate until such a time as the Council approves the changes
proposed in this ordinance, the job has been posted to the City’s job opportunities webpage
(NeoGov) and professional planning organization web pages through September 18th, with the
hope that formal approval by the City Council is forthcoming.
Thank you for your consideration.
Page 111
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: August 24, 2020
SUBJECT: Action/Approval – Special Use Permit to Boys & Girls Club
The Boys & Girls Club of the Kenai Peninsula, a non-profit organization, is requesting temporary
use of the second floor of the Alaska Regional Fire Training Facility. Due to COVID-19 there is a
shortage of locations available to provide programming and after school activities. Utilization of
the second floor of the Alaska Regional Fire Training Facility will increase the capacity for the
Boys and Girls Club to provide these services by approximately forty (40) youth for the duration
of COVID 19. The facility’s second floor has approximately 3,800 square feet of vacant classroom
and office space available.
The City has received a Clubhouse Operations Plan and a COVID-19 Clubhouse Mitigation Plan
for the Alaska Fire Training Facility location.
City Council approval for a one-dollar-per-year ($1) Special Use Permit will allow the Boys & Girls
Club of the Kenai Peninsula to provide support for the academic needs of the youth in the Kenai
area.
Thank you for your consideration.
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Special Use Permit—Boys and Girls Club Page 1 of 6
SPECIAL USE PERMIT – 2020
The CITY OF KENAI (City) grants to Boys and Girls Club of the Kenai Peninsula, an
incorporated 501(c)(3) non-profit youth development organization (Permittee), a Special
Use Permit to operate an afterschool program in the City’s Alaska Regional Fire Training
Facility subject to the requirements and the conditions set forth below.
1. Premises. Permittee shall have the non-exclusive right to use approximately 3,800
square feet of vacant classroom and office space on the second floor of the Alaska Regional
Fire Training Facility.
2. Term. The term of this Permit shall be for not more than 1 year as needed
commencing on September 3, 2020.
3. Permit Fees. Permittee shall pay the following fees for the privileges extended to
Permittee under this Permit:
A. Permit: Permittee shall pay a monthly fee of $1.00 plus applicable sales tax.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
Avenue, Kenai, AK 99611 and a courtesy notice of payment provided to Airport
Administration at 305 North Willow Street, Suite 200, Kenai, AK 99611. All permit fees
are payable in advance of each month unless otherwise provided. In the event of
delinquency, interest at the rate of 10% per annum, and penalty of 10% shall also be due
(KMC 1.75.010). Interest shall accrue from the date due until the date paid in full. Failure
to timely make payments is grounds for termination of this Permit. (See Termination)
4. Use. City authorizes Permittee’s non-exclusive use of the Premises for the
following purpose(s):
After School Programming. NOTE: This permit does not guarantee the exclusive use of
the area City reserves the right to re-assign Permittee, upon reasonable notice, to other
areas as airport needs may require.
This Permit, and any access rights allowed hereunder, are for Permittee’s use only and may
not be transferred or assigned.
Use of the Premises by Permittee is subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the Premises and of adjacent and
contiguous lands or facilities and is further subject to the following conditions:
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Special Use Permit—Boys and Girls Club Page 2 of 6
Permittee acknowledges that the use granted herein is subject to the Kenai Municipal Code
and municipal regulations governing the Kenai Municipal Airport and as those laws and
regulations may be amended from time to time.
Solicitation of donations or operation of a business or other commercial enterprise not
contemplated by this Permit is prohibited without the written consent of City.
5. Duties of the Permittee. The Permittee will:
1. Oversee Boys & Girls Clubs after school programming
2. Employ adequate personnel for the after-school program in accordance with
Permittee policies and procedures.
3. Assist with janitorial needs by leaving all programming areas in acceptable
condition and will work with building administrator to meet janitorial needs for
any area used by Boys & Girls Clubs programs. In the event janitorial services are
required after an event, the expense for these services will be back billed to
Permittee.
4. Meet with City administrators to finalize specific expectations and schedules.
5. Set and enforce reasonable expectations for Club member behavior.
6. Keep the premises in a neat and clean condition.
7. Seek specific approval from the City prior to altering the premises in any manner.
8. Work cooperatively with any other tenants in the facility to minimize impact and
business disruptions.
6. Inspection. The Federal Aviation Administration (FAA) and/or City shall have the
right and authority to inspect, at any time for any purpose whatsoever, the Premises as well
as any and all equipment used by the Permittee under this Permit.
7. Radio Transmitting Equipment. Permittee shall discontinue the use of any
machine or device which interferes with any government-operated transmitter, receiver, or
navigation aid until the cause of the interference is eliminated.
8. 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.
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Special Use Permit—Boys and Girls Club Page 3 of 6
B. Worker’s compensation insurance with coverage for all employees engaged in
work under this Permit or at the Premises as required by AS 23.30.045. Permittee is
further responsible to provide worker’s compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. Commercial Automobile Coverage with not less than $1,000,000 combined
single limit per occurrence. This insurance must cover all owned, hired, and non-
owned motor vehicles the Permittee uses on the Airport. The policy must name the
City as an additional insured.
D. 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 30 days before any
termination, cancellation, or material change in insurance coverage of
any policy required hereunder.
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.
9. 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 and access to the premises and its exercise of the privileges granted in
this Permit.
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Special Use Permit—Boys and Girls Club Page 4 of 6
10. 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, Permittee’s access to the premises, and/or Permittee’s exercise of the
privileges granted in this Permit. This shall be a continuing obligation and shall remain in
effect after termination of this Permit.
11. Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CFR § 139.321 regarding the handling and storage of hazardous
substances and materials.
12. No Discrimination. Permittee shall not discriminate against any person because of
the person’s race, creed, color national origin, sex, age, or handicap. Permittee recognizes
the right of City to take any action necessary to enforce this requirement of the Permit.
Permittee will furnish services provided under this Permit on a reasonable, and not unjustly
discriminatory, basis to all users of the Airport and shall charge reasonable, and not
unjustly discriminatory, prices for each product or service provided at the Airport.
13. Licenses and Permits. Permittee shall obtain and maintain all required federal,
state, and local licenses, certificates, and other documents required for its operations under
the Permit. Permittee shall provide proof of compliance to City upon request by the City.
14. Compliance with Law/Grant Assurances. This Permit, and Permittee’s activities
conducted under this Permit, is subject to all executive orders, policies and operational
guidelines and all applicable requirements of federal, state, and City statutes, ordinances,
and regulations in effect during the term of this Permit. Further, Permittee shall comply
with all applicable requirements imposed on the Airport by federal law to ensure that the
Airport’s eligibility for federal money or for participation in federal aviation programs is
not jeopardized. This Permit is subordinate to the City’s grant assurances and federal
obligations.
15. No Exclusivity. The privileges granted under this Permit are not exclusive to
Permittee. City has the right to grant to others any right or privilege on the premises.
16. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee.
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Special Use Permit—Boys and Girls Club Page 5 of 6
17. No Joint Venture. 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.
18. 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.
19. Personalty. Permittee shall remove any and all personal property, including all
vehicles, from the Premises at the termination of this Permit (or any renewal thereof).
Personal property placed or used upon the Premises will be removed and/or impounded by
the City, if not removed upon termination of this Permit and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon the payment
to the City of the costs of removal plus storage charges of $25 per day. The City of Kenai
is not responsible for any damage to or theft of any personalty of Permittee or of its clients
or invitees.
20. Termination; Default. This Permit may be terminated by either party hereto by
giving 30 days advance written notice to the other party. City may terminate the Permit
immediately, or upon notice shorter than 30 days, to protect public health and safety or due
to a failure of Permittee to comply with condition or term of this Permit which failure
remains uncured after notice by City to Permittee providing Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
21. Definitions. As used in this Permit, “Permittee” means Boys and Girls Club of
Kenai Peninsula, Inc. and where the context reasonably indicates, its officers, agents, and
employees. “Airport” means the Kenai Municipal Airport.
CITY OF KENAI BOYS AND GIRLS CLUB
By: By:
Paul Ostrander Date Rachel Chaffee Date
City Manager Executive Director
ACKNOWLEDGMENTS
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Special Use Permit—Boys and Girls Club Page 6 of 6
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, an Alaska municipal corporation, 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 Rachel Chaffee, Executive Director of Boys
and Girls Club of the Kenai Peninsula, Inc., an Alaska non-profit corporation, on behalf of
the corporation.
Notary Public for Alaska
My Commission Expires:
ATTEST:
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM:
Scott M. Bloom, City Attorney
Page 118
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 12, 2020 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, D. Fikes, V. Askin, R. Springer, J. Halstead, G.
Greenberg, T. McIntyre
Commissioners absent:
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
Deputy Clerk J. LaPlante, Council Liaison H. Knackstedt
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as written and Commissioner Askin
SECONDED the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and Commissioner Fikes
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 – None.
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August 12, 2020
B. APPROVAL OF MINUTES
1. *July 22, 2020
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT – None.
D. UNSCHEDULED PUBLIC COMMENT – None.
E. CONSIDERATION OF PLATS
[Clerk’s Note: Commissioner McIntyre joined the meeting at 7:03 PM]
1. Resolution PZ2020-25 – Reapproving the Preliminary Subdivision Plat of Beaver
Loop Acres Addition No. 2, with additional changes, submitted by Segesser
Surveys, 30485 Rosland Street, Soldotna AK 99669, on behalf of Beaver Loop
Sand and Gravel, LLC, P.O. Box 1290, and the Estate of Patrick Doyle and Mary
Doyle, 2243 Beaver Loop Rd., Kenai, AK 99611
The City Planner reviewed the staff report provided in the packet and noted the plat was approved
by the Commission previously; however, eight conditions of approval were since incorporated and
City Administration requested it be sent back to the Planning and Zoning Commission for review.
The City Planner noted the changes to the amended plat as detailed in the staff report.
Approval was recommended of the preliminary plat of Beaver Loop Acres Addition No. 2, subject
to the following condition:
• Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
MOTION:
Commissioner Halstead MOVED to recommend approval of Resolution No. PZ2020-25 with staff
recommendations and Commissioner Fikes SECONDED the motion.
VOTE:
YEA: Askin, Springer, Halstead, McIntyre, Fikes, Twait, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
1. Resolution PZ2020-22 - Application for a Variance Permit for a building in excess
of 5,000 square feet per story to be located on the property known as 1000 Mission
Avenue, and described as Lot 16B, Townsite of Kenai 2016 Addition, submitted by
Kenaitze Indian Tribe, P.O. Box 988, Kenai, AK 99611
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August 12, 2020
The City Planner reviewed the staff report provided in the packet and noted Kenaitze would like
to add to the Tyotkas Elder Center, noting that this building was located within the Townsite
Historic District. The City Planner clarified the addition would increase the square footage of the
building and this Variance Permit application only addressed the square footage.
It was City staff recommendation that the Commission approve the variance permit application
subject to the following conditions:
• Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
• Prior to commencement of construction of the addition to the Elder Center, the owner shall
be require to obtain a Building Permit.
• Prior to issuance of a Building Permit for the proposed additions to the Tyotkas Elder
Center, a Landscape/Site plan must be reviewed and approved by the City Planner.
MOTION:
Commissioner Askin MOVED to recommend approval of Resolution No. PZ2020-22 with staff
recommendations and Commissioner McIntyre SECONDED the motion.
Chair Twait opened the floor for public testimony.
Don Ohler, Construction Director for Kenaitze Indian clarified approval of this would serve many
elders here, currently 326 qualified elders, and to date this year served over 19,620 meals, adding
that since COVID-19, they went from preparing 60 meals to 269 meals per day. Mr. Ohler added
that the program offers several services including advocacy services, outreach program for elders
in need of anything outside of the tribal council, meals delivered, transportation, and caregiver
support home activities.
There being no one else wishing to be heard, public comment was closed.
It was clarified that increase parking spaces would be covered by an existing agreement with the
City of an offsite parking area.
VOTE:
YEA: Greenberg, McIntyre, Halstead, Springer, Fikes, Askin, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the 15-day appeal period.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS
1. Resolution PZ2020-23 - Application for Review of Development in the Townsite
Historical Zone for the property known as 1000 Mission Avenue, and described as
Lot 16B, Townsite of Kenai 2016 Addition, submitted by Kenaitze Indian Tribe, P.O.
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August 12, 2020
Box 988, Kenai, AK 99611
The City Planner reviewed the staff report and development criteria’s, clarifying this was the
review of development to ensure the property met the intent of the Townsite Historical District
(TSH) zone.
The Planning and Zoning Staff recommended approval of the proposed addition, subject to the
following conditions:
• Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
• Prior to commencement of construction of the addition to the Elder Center, the owner shall
be required to obtain all appropriate Building Permits.
• Prior to issuance of a Building Permit for the proposed additions to the Tyotkas Elder
Center, a Landscape/Site plan must be reviewed and approved by the City Planner.
MOTION:
Commissioner Askin MOVED to recommend approval of Resolution No. PZ2020-23 with staff
recommendations and Commissioner Fikes SECONDED the motion.
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
comment was closed.
VOTE:
YEA: Fikes, Springer, McIntyre, Askin, Greenberg, Twait, Halstead
NAY:
MOTION PASSED UNANIMOUSLY.
2. Resolution PZ2020-24 - Application for an Amendment to Conditional Use Permit
PZ15-04 to remove the reference to square footage of the existing building for the
property known as 1000 Mission Avenue, and described as Lot 16B, Townsite of
Kenai 2016 Addition, submitted by Kenaitze Indian Tribe, P.O. Box 988, Kenai, AK
99611
The City Planner reviewed the staff report and called attention to the Resolution No. PZ15-04 as
provided in the packet as specifically granting the conditional use and determined it more
appropriate to amend the conditional use permit. She clarified that use was not changing it was
just a modification of the existing building.
Approval of the amendment to the Conditional Use Permit was recommended, subject to the
conditions outlined in Resolution No. PZ2020-24.
MOTION:
Commissioner Fikes MOVED to recommend approval of Resolution No. PZ2020-24 with staff
recommendations and Commissioner Springer SECONDED the motion.
Chair Twait opened the floor for public testimony; there being no one wishing to be heard, public
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August 12, 2020
comment was closed.
VOTE:
YEA: Twait, Askin, Halstead, Greenberg, Fikes, McIntyre, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
3. Action/Approval – Recommendation to City Council for an Application for a Forty-
Five (45) year Lease of City-owned Land Within the Airport Reserve described as
Lot 5, FBO Subdivision No. 8 located at 525 N. Willow Street. The application was
submitted by Alaska Air Fuel, Inc., 3700 W. Aviation Ave., Wasilla, AK 99654.
The City Planner reviewed the staff report as provided in the packet noting the proposed use
complied with the 2016 Imagine Kenai 2030 Comprehensive Plan.
It was clarified the recommendation for approval by City Council was only for the hangar and
office space as the crew quarters and a coffee shop were removed from the application. She
added it was removed because the applicant was unable to show they met FAA requirements
that crew quarters were essential to their operations. It was further clarified that an error by staff
was made on the aerial imagery provided in the packet; the southern part was what the applicant
wanted to lease with the northern part to remain with the City of Kenai.
The City Planner noted this application would also go be before the Airport Commission tomorrow
evening. She added that the Special Use Permit was not signed for 2019 or 2020; when it was
received it would go before City Council.
There was a consensus of the Commission in support of the lease application but reservation and
concern about the subdivision of the parcel and lack of information for it.
VOTE:
YEA: Askin, Halstead, Greenberg, Springer
NAY: Twait, Fikes, McIntyre
MOTION PASSED.
I. PENDING ITEMS – None.
J. REPORTS
1. City Council – Council Member Knackstedt reported on the actions from the August 5
City Council meeting, specifically noting discussion by resident Bill Dunn and erosion
mitigation for the Bluff adjacent to Toyon Way, signage coming for Old Town Kenai,
signing of the Preconstruction Engineering Design (PED) agreement for the Bluff
Erosion Project expected in September, and an update of the Beaver Loop bike path.
2. Borough Planning – Commissioner Fikes reported the Borough Planning Commission
met on August 10 reviewed and approved 15 plats; reviewed and approved a material
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August 12, 2020
extraction, an already existing parcel used for extraction and was just an extension of
the conditional use permit; a conditional use permit for a boat launch in 55 ft. habitat and
a well in 55 ft. habitat – both approved. She noted training was being offered this week
to the Commissioners on parliamentary procedures and addressing zoom technicalities.
Commissioner Fikes further reported on the changes with the new Borough Ordinance that
consolidated the Commissioners from 13 representatives to 11, adding that unincorporated cities
would hold their seats and those with city limits would sit out, rotating the seat every two years.
3. Administration – City Planner Appleby reported on the following:
• Dipnet annual report was forthcoming;
• She was working on Draft Land Management Plan, hoping it would go in final draft
form soon;
• Several lease records were updated to reflect additional terms;
• The Airport Commission was meeting tomorrow, August 13 and she noted
potential extension requests by pending lessees that may be brought to the
Planning and Zoning Commission brought forth due to COVID-19; and
• She has been assisting with the old town signage coming soon.
K. ADDITIONAL PUBLIC COMMENT
Jim Glendening expressed concern with the Kenai Peninsula Borough rule precluding
representation by first class home rule cities, such as Kenai, noting it should have a continual
seat and the current Assembly was not properly representing Kenai.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION – August 26, 2020
N. COMMISSION COMMENTS & QUESTIONS – None.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:38 p.m.
Minutes prepared and submitted by:
____________________________
Jacquelyn LaPlante
Deputy City Clerk
Page 124
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
AUGUST 26, 2020 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commission Chair Twait called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance.
2. Roll Call
Commissioners present: J. Twait, R. Springer, J. Halstead, G. Greenberg, T.
McIntyre
Commissioners absent:
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
City Clerk J. Heinz, Council Liaison H. Knackstedt
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda as written and Commissioner Greenberg
SECONDED the motion. There were no objections; SO ORDERED.
4. Consent Agenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and Commissioner Greenberg
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
5. *Excused absences – V. Askin, D. Fikes
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August 26, 2020
B. APPROVAL OF MINUTES
1. *August 12, 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 PZ2020-27 – Preliminary Subdivision Plat of Inlet Woods Subdivision Lee-
Worley Replat, submitted by Segesser Surveys, 30485 Rosland St., Soldotna, AK 99669,
on behalf of Jene M. Worley and Michelle L. Grzybowksi, 1545 Windward Dr., Kenai, AK
99611
The City Planner reviewed the staff report provided in the packet noting the Plat vacated a
property line creating a larger lot and recommended approval with the following condition:
Further development of the property shall conform to all federal, State of Alaska, and local
regulations.
MOTION:
Commissioner Halstead MOVED to recommend approval of Resolution No. PZ2020-27 with staff
recommendations and Commissioner McIntyre SECONDED the motion.
VOTE:
YEA: Springer, Halstead, McIntyre, Twait, Greenberg
NAY:
MOTION PASSED UNANIMOUSLY.
F. PUBLIC HEARINGS
1. Resolution PZ2020-21 - Application for a Variance Permit to reduce the setback
requirement from 150 feet to 75 feet pursuant to Kenai Municipal Code 14.20.255(c)(4)(K)
for the property located at 6576 Kenai Spur Highway, Kenai, AK 99611 and described as
Lot 15, Block C, Beaver Creek Alaska Subdivision. The Application was submitted by
Acom Consulting on behalf of Vertical Bridge, 5200 SW Meadows Rd., Suite 150, Lake
Oswego, OR 97035.
The City Planner reviewed the staff report provided in the packet noting the variance permit was
to reduce the setback requirement for the construction of a communications tower and the findings
required to permit the setback; also recommended approval of the variance permit application
subject to the following conditions:
Further development of the property shall conform to all federal, State of Alaska, and local
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Planning and Zoning Commission Meeting Page 3 of 4
August 26, 2020
regulations.
Prior to commencement of construction of the communication tower, the owner shall be
obtain a Building Permit from the Building Inspector.
Prior to commencement of construction of the communication tower, the owner shall
obtain a Communications Tower Permit from the City Planner.
MOTION:
Commissioner Halstead MOVED to approve Resolution No. PZ2020-21 with staff
recommendations and Commissioner Greenberg SECONDED the motion.
Chair Twait opened the floor for public testimony.
Tami Drew on behalf of the applicant thanked the Planner for her assistance; also noted the
project would not be able to move forward without the variance approval.
There being no one else wishing to be heard, public comment was closed.
It was noted a tower of this size would bring great opportunities to the area and the location was
a great location.
The applicant clarified that it was highly unlikely that the tower would ever fall down noting the
planned foundation and the engineering; added that an engineer’s assessment would be provided
to the City and insurance was required by the provider in the event of damage caused to
neighboring properties.
The applicant also clarified that several jurisdictions preferred co-location so several towers
weren’t constructed in a similar location when a provider decides to construct a tower, they
contract with a tower company and the tower company seeks other providers to co-locate, and
each provider needed ten to twelve feet of tower for their equipment.
VOTE:
YEA: Greenberg, Halstead, Springer, Twait
NAY: McIntyre
MOTION PASSED.
Commission Chair Twait noted the 15-day appeal period.
G. UNFINISHED BUSINESS – None.
H. NEW BUSINESS – None.
I. PENDING ITEMS – None.
J. REPORTS
1. Borough Planning – No report; Commissioner Fikes was absent.
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August 26, 2020
2. City Council – Council Member Knackstedt reported on the actions from the August 19
City Council meeting.
3. Administration – City Planner Appleby reported on the following:
Utility easement for the Eventyr Subdivision was approved by the Kenai Peninsula
Borough Planning Commission;
Submitted her resignation to the City.
K. ADDITIONAL PUBLIC COMMENT
Vice Mayor Molloy thanked the City Planner for her service to the City.
Council Member Knackstedt noted the Planner’s thoroughness and expressed appreciation for
her service.
Council Member Glendening echoed previous comments; noted he served on several external
committees alongside the Planner and thanked for her service.
L. INFORMATIONAL ITEMS – None.
M. NEXT MEETING ATTENDANCE NOTIFICATION – September 9, 2020
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Springer thanked the Planner for her service.
Commissioner Greenberg echoed gratitude for the Planner’s service.
Commissioner McIntyre expressed displeasure with cell phone towers; expressed the Planner did
an excellent job adding that the Planning Assistant also did a great job.
O. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:50 p.m.
Minutes prepared and submitted by:
____________________________
Jamie Heinz, CMC
City Clerk
Page 128
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: August 28, 2020
SUBJECT: Proposed Toyon Way Beach Special Assessment District
Administration was presented with a petition signed by ten residents along Toyon Way asking
for assistance in researching formation of a local improvement district to construct a seawall to
slow bluff erosion using a proposal from Triangle Recycling as a sample project scope and
budgetary estimate and to present a resolution to Council to form the local improvement district.
Administration, including the City Manager, City Attorney, and Public Works Director have had
several meetings and follow up conversations with residents seeking City assistance to
construct as seawall. At the July 22, 2020 City Council meeting, Bill Dunn spoke to Council
about the proposed project and Council requested administration provide this report to Council.
Article 7 of the City’s Charter and Title 16 of Kenai Municipal Code addresses public
improvements and special assessment procedures. One of the first hurdles the proposed
project faces is that the City does not have property ownership or other rights at the location of
the proposed seawall. Both Charter and Code limit the special assessment process to public
improvements, and a public improvement cannot be built on private property without sufficient
property interest, whether it be an easement, dedication, or ownership. It is unclear at this time
whether sufficient property interests can be obtained to construct the project. One option would
be for the City to condemn private property if the Council wanted to go forward and the
necessary property interest could not otherwise be secured.
If the City were to fund the project through a special assessment process the project would
need to be engineered and competitively bid. The proposal from Triangle Recycling proposes to
build a wall using pipe 15 feet out from the bottom of the bluff to secure the toe at $400 per
lineal foot. The wall would be five feet above ground level backfilled with sand. While this
proposal may be a viable solution, it is unclear if it is reflective of the scope of a project
engineered and constructed with public funds. It is estimated by the City’s public works director
that the project would likely exceed $1 million. Such a project would most likely require a bond
supported by the voters. The City is working on a separate bluff stabilization project utilizing
federal, state and local funds and will likely need to bond this project as well. It is unclear
whether there would be public support for two bonds. The City’s bluff stabilization project has
been determined by Council to be the City’s number one capital priority for many years. One
other issue with costs related to the proposed project is that an assessment cannot be levied in
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excess of 25% of the value of property after giving effect to the benefit accruing from the work. It
is unclear given that some of the properties are condominiums if their value would support a
high assessment based on a high project cost.
One other factor that should be kept in mind is that a seawall would likely need continual
maintenance going forward. If a public wall were to be built the City would either need to be
prepared to fund ongoing maintenance costs or form a special taxation district taxing the
benefited properties to fund maintenance.
If the City Council were interested in moving forward, I believe the best approach would be to
deviate from the normal process described in code and fund an engineering study and cost
estimate with or without private assistance. Typically this would not be done until after an
application has been received, the proposed district reviewed, a resolution approving a cost
estimate approved and a $1500 application fee submitted. In this case however, until property
issues are resolved a district can’t really be formed. I don’t recommend the City acquire property
interests for the project until a better idea of costs and feasibility is known. A project scope will
also need to be better determined. Is the goal to stabilize the toe, or protect existing
improvements on private property? Just stabilizing the toe may not be enough to protect exist ing
improvements.
If a seawall or other bluff stabilization project is not feasible or supported, the property owners
have asked for other help including:
1. Formation of a special assessment district to put in a storm water drainage system to
reduce water seeping through the bluff.
2. Increased effort by the City to reduce human impacts accelerating erosion caused by
vehicles driving by or on the toe of the bluff and people climbing on the bluff’s. This could
be accomplished through increased enforcement efforts, an educational campaign and
signage, changes to city code to more squarely prohibit such conduct, and/ or the
placement of physical barriers.
If Council is interested in moving forward with an engineer’s cost estimate/ study for a seawall,
Administration will explore a magnitude of cost and bring that back to Council. Administration is
additionally seeking direction from Council on other aspects of the Toyon way property owner’s
requests.
Page 130
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: SEPTEMBER 2, 2020
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
ASPHALT MARKING SERVICES ROAD TRAFFIC PAINTING AIRPORT REPAIR & MAINTENANCE 3,344.90
AMERICAN BUREAU OF CRANE INSP ANNUAL CRANE INSPECTIONS SHOP REPAIR & MAINTENANCE 2,737.60
HOME GALLERY NEW CARPET APT.# 310 VINTAGE POINTE REPAIR & MAINTENANCE 2,700.00
MARVIN JOE FREDERICKSON PROGRAM DIPNET APP PU FISHERY PROFESSIONAL SERVICES 2,815.00
PREFERRED PLUMBING EXPANSION TANK IN BOILER ROOM VINTAGE POINTE CONSTRUCTION 3,489.00
WEST COAST PAPER MEAL TRAYS FOR HOME MEALS TITLE Ill OPERATING SUPPLIES 5,250.00
AXON CAMERAS POLICE SMALL TOOLS 3,859.00
POLAR NORTH CONSTRUCTION NEW ENTRANCE TO COMPUTER LAB SENIOR CENTER CONSTRUCTION 5,590.00
AIRGAS WELDER AIRPORT OPERATING SUPPLIES 3,189.19
DOYLE'S FUEL SERVICE FUEL DELIVERED TO FLOAT PLANE AIRPORT OPERATING SUPPLIES 4,500.00
Page 131
RUSSIAN ORTHODOX SACRED SITES IN ALASKA
Sheri Buretta
Chair
Anchorage
Ange l a Totemoff
Vice Chair
Anchorage
Dorothy Gray
Treasurer
Kenai
Rebecca Shaffer
Secretary
Anchorage
David Gregory
Unalaska
Vanessa Norman
Anchorage
Patty Gregory
Unalaska
Mary Sattler
Bethel
Jobe Bernier
Anchorage
Ex officio:
David Mahaffey,
Bishop of Sitka and
Alaska
August 3, 2020
Mayor Brian Gabriel
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mayor Gabriel,
On behalf of ROSSIA, Inc., I would like to sincerely thank you and the entire Kenai City
Council for your extremely generous donation of $50,000.00 on July 22, 2020, dedicated
to the Holy Assumption of the Virgin Mary Orthodox Church and National Historic
Landmark in Kenai.
Contributions are vital in caring for Kenai's historic and cultural treasure. ROSSIA truly
appreciates your thoughtful support in thi s effort of hi storic preservation via CARES Act
funding .
This contribution came at a very timely moment when cost overruns are being
encountered by the construction engineers and workers as they uncover the 125-year-old
roof of the structure. We are a lso hoping to u se the funding to finish the bell tower
resto ration which was not included in the original scope of work.
As a 501(c) (3) U .S. tax exempt organization , ROSSJA depends on charitable donations
such as yours to preserve Alaska's Russian Orthodox churches and icons.
With sincere thanks for your support of our restoration efforts. Please extend our
appreciation to everyone at City Hall who was involved in the grant opportunity.
~~~
Dorothy Gray, Treasurer
Cc: Father Peter Tobias, Holy Assumption resident priest
P. 0. Box 212315 ·Anchorage, AK 99521-2315 ·www.rossialaska.org
Russ ian Orthodox Sacred Sites in Alaska m
ROSSIA Inc. is a 501 (c)(3) U.S. tax exempt organization
Page 132
SEPTEMBER 2, 2020
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item D.1. Ordinance No. 3155-2020 City Manager
• Postponement Memo
Add to item D.2. Ordinance No. 3156-2020 City Manager
• Amendment Memo
Add to item D.6. Resolution No. 2020-70 City Manager
• Application Forms
Add to item D.12. Resolution No. 2020-74 Legal
• Agreement
Add to item D.12. Resolution No. 2020-75 City Clerk
• Amendment Memo
Add to item G.2. Purchase Orders Over $15,000 City Manager
• Revised List
Add to item J. 1. City Manager’s Report City Manager
• Informational Memo
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: September 1, 2020
SUBJECT: Request to Postpone Ordinance 3155-2020
The purpose of this memo is to request postponement of Ordinance 3155-2020 introduced at the
August 19, 2020 City Council meeting.
Ordinance 3155-2020 appropriates funds and accepts a grant from the Federal Aviation
Administration (FAA) for the Phase One construction of a Sand/SRE Storage Building on the
Airport.
Delaying this ordinance, will allow the FAA time to review and research any remaining FY20 AIP
program dollars and provide more clarity on federal funding for this project.
Thank you for your consideration.
Page 2 of 15
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: August 28, 2020
SUBJECT: Amendment Memo Ordinance 3156-2020
The purpose of this memo is request amendments to Ordinance 3156-2020. Since introduction
bids were received on September 1, 2020. The proposed amendments will fill in the blanks.
Amend Ordinance 3156-2020 as follows:
• In the 5th WHEREAS, replace the blank with “Polar North Construction“, and replace table
with table below.
Contractor Bid
Polar North Construction $79,703
Peninsula Construction $99,500
• In the 6th WHEREAS, replace blank with “Polar North Construction“
• In Section 1 fill in blanks with “Polar North Construction”, “$79,703”, “Polar North
Construction”, “$85,000”
• In Section 3 & 4 replace all $XX,XXX with $88,296
Page 3 of 15
Small Business Relief and Recovery Grant Application - Round 2
Business name:
Contact name:
Contact address:
(mailing)
Contact phone number:
Contact email address:
Physical address of business:
(business must be located
within the City of Kenai)
IRS Taxpayer Identification Number (TIN)
(leave blank if using a Social Security Number
and the City will contact you for information)
Was your business established on or before January 1, 2020? ☐ Yes ☐ No
Was your business impacted by the COVID-19 public health emergency and
do you need economic assistance? ☐ Yes ☐ No
(Impacts could include, but are not limited to, loss of sales due to mandatory shutdown, inventory
loss, additional operating expenses of reopening and protecting your staff and customers,
including funds already spent for those purposes.)
The grant amount is based on the 2019 gross revenues of your business. Which level of Round 2
grant are you requesting (check only one): ☐ $750 grant for businesses with 2019 revenues of $20,000 to $50,000 ☐ $1,000 grant for businesses with 2019 revenues of $50,000 to $100,000 ☐ $3,750 grant for businesses with 2019 revenues of $100,000 to $250,000 ☐ $7,500 grant for businesses with 2019 revenues of $250,000 to $500,000 ☐ $25,000 grant for businesses with 2019 revenues of more than $500,000
NOTE: If you did not apply for a Round 1 grant, you will automatically be considered for the grant
amounts available under Round 1 in addition to the above grants.
Section 1 – Applicant Information
City: State: Zip:
City: State: Zip:
Section 2 – Grant Request Information
NOTE: This application is in addition to any funds your business may have received in the first round (Round 1) of Kenai
CARES Act grants this summer. Businesses that did not apply in Round 1 will be eligible in Round 2 for the total of both rounds.
Page 4 of 15
If you are not required to submit sales tax reports to the Kenai Peninsula Borough (which the City
will use to confirm your 2019 revenues), please attach a copy of the Schedule C from your 2019
federal tax return or a financial statement prepared by a third-party so that the City can verify the
business revenues. [Attachment link for online form]
Please answer the following eligibility questions:
1. My business is a C Corporation traded on a U.S. stock exchange or
a corporate-equivalent entity traded on a foreign stock exchange, and
owned in whole or majority-owned by such a publicly traded
corporation.
Yes No
2. My business is a national chain that owns and operates a premise
in the City of Kenai (individually owned-and-operated local franchises
are eligible).
Yes No
3. My business is under a City lien or is in violation of a payment
agreement with the City.
Yes No
4. My business has a Borough lien for unpaid sales taxes.
Yes No
5. My business is currently in bankruptcy proceedings.
Yes No
6. My business does not have a physical presence in the City, with at
least one worker assigned to that location.
Yes No
7. My business grows, produces or sells marijuana under a state
license in Alaska Statute 17.38.
Yes No
(If you answered yes to any of the above questions, your business is not eligible for a grant)
Do you intend to remain in business into 2021? Yes No
In addition to your location in the City of Kenai, does your business have
locations elsewhere on the Kenai Peninsula? Yes No
If yes, what are the other locations on the Kenai Peninsula?
(The amount of the grant each business may qualify to receive will be based solely on the
revenue from locations in the City of Kenai. For example, if the business has two stores, one in
Kenai and one in Soldotna, the Kenai grant will be based on revenue from the Kenai store only.)
Has your business received CARES Act grant funds from the Borough or have
you applied to the Borough and are waiting for a decision on your application? Yes No
If yes, how much did you receive or what grant level did you apply for?
Has your business received CARES Act grant funds from State or Federal
programs or are you waiting for a decision on your application? Yes No
If yes, how much did you receive or do you anticipate receiving?
(Acceptance of grant funds from Borough, State or Federal programs does not exclude your
business from Round 2 of the City of Kenai grant program. The City is trying to ensure that
businesses get as much grant funding as they are qualified to receive without exceeding damages.)
Page 5 of 15
Describe how the COVID-19 public health emergency has financially affected your business:
(The City does not need receipts or bank statements, but please describe how your business has
suffered financial harm and provide an estimated dollar amount of total lost revenue or additional
expenses.)
Applications must be received or postmarked by 5 p.m. on Friday, October 30, 2020, and may be
submitted online at the City of Kenai website www.kenai.city, by email to: grantsadmin@kenai.city,
or hand-delivered or mailed to City of Kenai City Hall at 210 Fidalgo Ave., Kenai, AK 99611, Attn:
Grant Review Committee. Applications may be amended before the deadline. Incomplete
applications will be rejected. Businesses will be notified of the status of their application via email
or letter to the contact person listed on the application. Questions about the grant program,
application process, or application status must be directed to Larry Persily, City Project Lead, 283-
8226, or email lpersily@kenai.city. If the demand for grants exceeds the City’s available funds, the
City reserves the right to prorate the grants equally to all recipients to stay within available funding.
It is the sole responsibility of the business to determine or to seek independent advice as to the tax
implications of receiving the grant funds.
As an official signer for the applicant, I certify that all of the information provided in this application
is true and accurate and acknowledge that the funds will be spent by the required deadline of Dec.
30, 2020. Any grant funds unused by that date will be returned to the City of Kenai. I acknowledge
that any false or inaccurate statements are grounds for rejection of this application and agree to
assist in the verification of information provided in this application and to provide additional
information to the City, if requested.
Signed: ___________________________________________ Date: ____ ________
Print Name: Title:
Page 6 of 15
Agreement City of Kenai -2019-2024
Page 1 of 5
UNIVERSITY OF ALASKA - Anchorage
KENAI PENINSULA COLLEGE (KPC)
MATANUSKA-SUSITNA COLLEGE (MSC)
AGREEMENT for Emergency Services Training and Clinical Experiences
This agreement is made between the University of Alaska Anchorage " Kenai Peninsula
College & Matanuska-Susitna College, (hereinafter "KPC/MSC") and the City of Kenai on
behalf of the Kenai Fire Department, (hereinafter "KFD") for emergency services training and
supervised clinical experiences.
PURPOSE: Both KPC and MSC teach Paramedic, EMT, and other Emergency Services
courses (hereinafter referred to as the 'program') to help fulfill the need for paramedics and
other first responders within the State of Alaska. The City of Kenai further recognizes the need
for paramedic and other emergency responders on the Kenai Peninsula.
The UAA (KPC/MSC) Paramedic Program and the City of Kenai agree to collaborate for
paramedic and other emergency services students to have on-site training experiences in
conjunction with the Kenai Fire Department.
A. KPC/MSC RESPONSIBILITIES:
1. KPC/MSC will conduct its program in conformity with all applicable state and federal
laws and regulations.
2. KPC/MSC will provide a qualified course instructor to conduct all student
assessments and evaluations and all administrative details needed for the course.
3. KPC/MSC will require participating students to abide by the rules of dress and
conduct and other reasonable regulations of the City of Kenai, and to exercise the
highest degree of care when using the City's supplies an equipment.
4. KPC/MSC will provide the Kenai Fire Department with the number of hours each
student will be enrolled and a general description of each student's course
objectives, as needed for the on-site or ride-along training and accreditation process.
5. KPC/MSC shall maintain, in the amount of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate, professional and general liability insurance for its
employees and students. KPC/MSC shall arrange a separate professional liability
policy with the same or higher limits for students that are placed with the City of
Kenai under this Agreement naming the City of Kenai as an additional insured, if
possible. KPC/MSC shall provide City of Kenai with a certificate of insurance
evidencing the coverage required by this Agreement or a letter verifying self-
insurance for general liability. KPC/MSC agrees to provide a letter to the City
Page 7 of 15
Agreement City of Kenai -2019-2024
Page 2 of 5
agreeing, subject to a specific appropriation by the legislature for this purpose, to
defend and indemnify the City for the acts and omissions of its students while
participating in the Emergency Service Training and Clinical Experiences Covered
by this Agreement. All parties to this agreement recognize and agree that KPC/MSC
has no appropriation currently available to it to indemnify City of Kenai under this
provision and that enactment of an appropriation in the future to fund a payment
under this provision remains in the sole discretion of the legislature and the
legislature’s failure to make such an appropriation creates no further liability or
obligation of KPC/MSC. Students are responsible for their own health insurance
coverage for the duration of their assignment at the City of Kenai.
6. KPC/MSC will require a criminal background check pursuant to applicable "Child and
Adult Abuse Laws." The student will be required to provide KPC/MSC with a copy of
the criminal background check results prior to placement. The placement of each
student at the City of Kenai is contingent upon provision of the criminal background
check results. (The results will be stored at KPC/MSC but are available to City of
Kenai upon request.)
7. KPC/MSC and participating students shall be required to follow applicable
procedures as written and distributed to KPC/MSC by the City of Kenai, and/or the
Kenai Fire Department.
8. KPC/MSC shall be responsible for the actions or inactions of its employees during
the course of the program. Any City of Kenai employees or volunteers who perform
services as employees of KPC/MSC as a part of this program shall be considered
solely as KPC/MSC employees and not City of Kenai employees or volunteers during
training courses and while performing such services.
9. Upon reasonable and proper notice, KPC/MSC will allow the City of Kenai to
examine the course materials and student assessments in conjunction with any
legitimate accreditation needs.
B. CITY OF KENAI (KENAI FIRE DEPARTMENT) RESPONSIBILITIES:
1. As space, time, and business needs allow, City of Kenai will accept KPC/MSC
students at the fire departments, and department training grounds for training of
practical skills. The student(s) will report to the .City's location as assigned.
2. The City of Kenai will allow paramedic students to function under the direct
supervision of a licensed paramedic as allowed by the program under the authority of
12 MC 40.370(b)(3).
3. The City of Kenai will allow other emergency services (firefighter students, ETT and
EMT students) to observe and/or assist full-time personnel as approved by the Fire
Chief of the Kenai Fire Department.
Page 8 of 15
Agreement City of Kenai -2019-2024
Page 3 of 5
4. The City.of Kenai will allow for either 12 or 24 hour ride-along and or overnight stay
opportunities for students who have met the program's eligibility requirements and
signed the waiver and release from liability.
5. The City of Kenai will allow the KPC/MSC instructors a period of orientation in its
facilities prior to the placement of students.
6. The City of Kenai will permit participating students reasonable use of the dressing
and sleeping areas, restrooms, and dining areas of its facilities.
7. Students are not considered employees of the City of Kenai while attending KPC or
MSC classes, or when training with the City of Kenai pursuant to this agreement, and
the City of Kenai agrees:
a. To not promise prior to the completion of the work-based learning
experience to provide any student a job.
b. To not pay wages or other compensation for work done during the work
based learning experience.
c. To not displace any employee as a result of the placement of a student at
the worksite during the training.
d. To maintain adequate staffing so that students are not expected to meet
City of Kenai service demands.
e. City of Kenai will not provide workers compensation insurance for
students.
8. Family Educational Rights and Privacy Act. Personally identifiable information from
students' education records shall be disclosed only in accordance with the Family
Educational Rights and Privacy Act (FERPA). The Borough and its officers,
employees and agents may use information disclosed from education records only
for the purposes for which the disclosure was made. The Borough shall not disclose
information from education records to any other party without first having received
written consent of the student, or from the student's parent if the student is less than
18 years of age, and after obtaining assurances that the other party will fully comply
with the provisions of the Family Educational Rights and Privacy Act and that no
further disclosure by such party shall occur or be permitted.
C. GENERAL PROVISIONS
1. There will be no monetary reimbursement from either party to the other for the
mutual benefits received under this agreement, nor will any student be reimbursed
for services performed incidental to this agreement.
Page 9 of 15
Agreement City of Kenai -2019-2024
Page 4 of 5
3. This agreement shall become effective on July 1, 2019 and shall remain in effect
for a period of three (5) years, expiring on June 30, 2024.
4. This agreement may be terminated by either party by providing written notice to the
other party at least 30 days prior to the date of proposed termination.
5. Participating students must sign a City of Kenai release and liability waiver prior to
training with the City of Kenai under this agreement.
D. SIGNATURES
The parties, by and through their duly authorized representatives, indicate their willingness to be
bound by the forgoing provisions by affixing their respective signatures below:
Kenai Fire Department City of Kenai
105 S. Willow Street 210 Fildago Ave
Kenai,AK 99611 Kenai, AK 99611
(907) 283-7666 (907) 283-7535
tprior@kenai.city postrander@kenai.city
Tony Prior Paul Ostrander
Fire Chief, Kenai Fire Department City Manager, City of Kenai
Matanuska-Susitna College Kenai Peninsula College
PO Box 2889, Mile 2 Trunk Road 156 College Road
Palmer, AK 99669 Soldotna, AK 99669
(907) 262-4441 (907) 262-0300
tjcolbern@matsu.alaska.edu gjturner@kpc.alaska.edu
Talis J. Colberg, MSC College Director Gary J. Turner, KPC College Director
Page 10 of 15
Agreement City of Kenai -2019-2024
Page 5 of 5
Date Date
Page 11 of 15
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: September 2, 2020
SUBJECT: Amendment to Resolution No. 2020-75
In the tenth whereas clause of Resolution No. 2020-75, the reference to Joint Resolution No.
2019-001 was a mistake and should actually be Joint Resolution No. 2020-001.
Additionally, there was a misunderstanding and the Kenai Peninsula Borough will be considering
Joint Resolution No. 2020-001 at their September 15th meeting which prompted the City of
Soldotna to move consideration to their September 23rd meeting.
To accomplish all of these changes, the following amendment is proposed:
Amend the tenth whereas clause to read, “the Assembly of the Kenai Peninsula Borough will
consider Joint Resolution 2020-001 at their September 15, 2020 Assembly Meeting and the
Council of the City of Soldotna will be considering Joint Resolution 2020-001 at their September
23, 2020 Council Meeting.”
Your consideration is appreciated.
Page 12 of 15
Page 13 of 15
People Counting Solution
The City is currently designing an occupancy management solution. This is a solution that provides an
automated method to count the number of people in a space by tracking the number of people entering
and exiting the facility. This information is combined with software to provide real-time occupancy
calculations. A digital sign is provided at the entrances to let people know if it is safe to enter a facility
based on previously established maximum occupancy levels.
This system will use cameras to count people entering and exiting the building. These cameras can also
be used as security cameras in the future, maximizing the investment. The digital signage can be used
both for occupancy information as well as marketing information.
The result of this project will be a website that can be viewed on digital signage, iPad, or other device
that will let the public know if a building is safe to enter, and will also allow our staff to better manage
their facilities.
Library
The Library would include the installation of 2 cameras, 1 at each public entrance. The cameras would
need to be replaced with models that can count, but the existing cameras could be used elsewhere in
the City in the future. iPads on stands would be provided at each entrance to notify patrons of the
current occupancy levels.
Senior Center
The Senior Center has 2 main public entrances and 3 additional entrances that can be used by the
public, and 1 staff entrance. There are 5 areas within the building that will also have limited occupancy;
the kitchen, dining room, game room, craft room, and computer lab. Cameras would be installed to
monitor these locations, and digital signage would be provided at the entrances. iPads on stands would
be used for the entrances at Vintage Pointe, craft room, game room, computer lab, and main entrance.
Larger TVs with signage players would be installed outside the kitchen and dining room.
Additional WiFi would be required to support the iPads and to allow staff to monitor occupancy levels
from throughout the facility. In addition, staff entering through the kitchen would need to check levels
on a phone or tablet before entering as there is no way to provide a digital sign at this location.
Current wiring and network equipment are not adequate to handle this project. This project would
require the purchase of a new network switch as well as a cabinet to install it in. A new UPS would also
be needed to protect the switch and new cameras. Finally, new wiring would need to be installed to the
new cameras.
Visitors' Center
The visitors center has 1 main public entrance and 1 entrance that is used primarily by staff but is
sometime used by caterers or renters. There are 2 areas within the building that will also have limited
occupancy, the meeting room and the exhibit hall. A total of 5 cameras would be required for the
meeting room, 1 for the exhibit hall, and 1 for the main entrance. An iPad on a stand would be provided
for the front entrance, and TVs would be used for the exhibit hall and meeting room.
Similar to the Senior Center, this would require new network equipment, cabinets, UPS, and wiring.
Page 14 of 15
Recreation Center
The Recreation Center (Rec) has 2 main public entrances and 1 exit. On the lower level, patrons enter
trough the main entrance and exit through the gym. In addition, the Rec is currently limiting the number
of people in the weight room, cardio room, and in the gym. In order to accurately track the number of
people in the building, as well as in the gym, weight room, cardio room, and the teen center, would
require 9 cameras.
Real time information would be provided by iPads on stands for the main entrance, weight room, cardio
room, gym, and the teen center main entrance. TVs would be provided both upstairs and downstairs to
control access between the teen center and lower level. WiFi would be needed to provide connectivity
to the iPads.
The Rec currently doesn't have any City network equipment, which would require that a new wireless
connection be installed. A new switch and all new wiring would also be required.
Long Term Outcomes
This project will provide long term improvements in addition to the occupancy management. At the
Library old antiquated people counters will be replaced with modern counters that can detect if people
are entering or exiting as well as keep better statistics such as traffic per hour. The Senior Center will
have 8 new security cameras, 2 new digital signs, improved switching capacity, and WiFi throughout the
facility. The Visitors' Center will have 2 new digital signs, and 7 new security cameras as well as
increased switch capacity for future expansion. Finally, the Rec Center will finally have a City network,
WiFi throughout, 2 new digital signs, 8 security cameras. This could provide an opportunity in the future
for the city to provide telephone and internet to this facility similar to the arrangement with the Visitors
Center.
Cost for this project are estimated at $135,000
Page 15 of 15
Kenai City Council - Regular Meeting Page 1 of 5
September 02, 2020
Kenai City Council - Regular Meeting
September 02, 2020 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
**Telephonic/Virtual Information on Page 4**
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)
1. Twyla Mundy - Plan of Action-Need for Cold-Weather Shelter, Temporary Housing.
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. UNANIMOUSLY POSTPONED TO 09/16/2020. Ordinance No. 3155-2020 - Increasing
Estimated Revenues and Appropriations in the Airport Improvements Capital Project Fund
and Accepting a Grant from The Federal Aviation Administration for Phase One
Construction of a New Sand Storage Facility. (Administration)
2. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3156-2020 - Increasing
Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and
Water and Sewer Improvements Capital Project Funds and Awarding a Construction
Agreement for Improvements to the Wasting Activated Sludge Pumps at the Waste Water
Treatment Plant. (Administration)
3. UNANIMOUSLY POSTPONED TO 10/07/2020. Ordinance No. 3157-2020 - Amending
Kenai Municipal Code Section 1.85.010 – Report of Financial and Business Interests, to
Allow for Certification by Municipal Officers that a Previously Filed Statement of Disclosure
Remains Accurate and Approving an Alternate Certification. (Vice Mayor Molloy)
Kenai City Council - Regular Meeting Page 2 of 5
September 02, 2020
4. ADOPTED UNANIMOUSLY. Resolution No. 2020-73 - Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the
COVID-19 Health Emergency. (Administration) [Clerk's Note: Ordinance No. 3158-2020 is
contingent upon this resolution being adopted.]
5. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3158-2020 - Increasing
Estimated Revenues and Appropriations in the COVID-19 CARES Act Recovery Fund and
Accepting a CARES Act Grant Passed Through the Kenai Peninsula Borough.
(Administration)
6. ADOPTED UNANIMOUSLY. Resolution No. 2020-70 - Amending the City’s Grant
Disbursement Program for Small Businesses and Non-Profit Organizations Utilizing Funds
from the Coronavirus Aid, Relief, And Economic Security (CARES) Act and Authorizing the
City Manager to Enter into Agreements with Alaska Housing Finance Corporation (AHFC)
for Housing Relief Program Administration and with the Kenai Peninsula Food Bank for
Food Distribution in Kenai. (Administration)
7. ENACTED UNANIMOUSLY. Ordinance No. 3159-2020 - Accepting and Appropriating a
Municipal Arts & Culture Matching Grant from the Rasmuson Foundation in the COVID-19
CARES Act Recovery Fund. (Administration)
8. ENACTED UNANIMOUSLY. Ordinance No. 3160-2020 - Increasing Estimated Revenues
and Appropriations in the Airport Special Revenue and the Airport Equipment Capital
Project Fund and Decreasing Revenues and Appropriations in the Airport Equipment
Capital Project Fund for Costs Ineligible Under the Federal Aviation Administration's Airport
Improvement Grant Program for the Purchase of Snow Removal Equipment (SRE) - Loader
With Attachments.
(Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
9. ENACTED UNANIMOUSLY. Ordinance No. 3161-2020 - Increasing Estimated Revenues
and Appropriations in the COVID-19 Cares Act Recovery Fund and Accepting a CARES
Act Grant Passed through the Kenai Peninsula Borough for Kenai Senior Center
Expenditures in Response to the
COVID-19 Public Health Emergency. (Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
10. UNANIMOUSLY POSTPONED INDEFINITELY. Resolution No. 2020-71 - Approving an
Airline Operating Agreement and Terminal Area Lease with Corvus Airlines, Inc., D/B/A
Ravn Alaska. (Administration)
11. ADOPTED UNANIMOUSLY. Resolution No. 2020-72 - Approving the Execution of a
Forty-Five Year Lease of Airport Reserve Lands Using the Standard Lease Form Between
the City of Kenai and Alaska Air Fuel, Inc., for a Portion of Lot 5, FBO Subdivision No. 8.
(Administration)
Kenai City Council - Regular Meeting Page 3 of 5
September 02, 2020
12. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2020-74 - Amending the
Agreement for Emergency Services Training and Clinical Experiences with the University
of Alaska to Accommodate Overnight Stays and Update Insurance Requirements.
(Administration)
13. ADOPTED AS AMENDED. Resolution No. 2020-75 - Adopting Joint Resolution No. 2020-
001 of the Assembly of the Kenai Peninsula Borough and Councils of the City of Kenai and
City of Soldotna Encouraging All Residents to Take the Necessary Precautions and Follow
the Recommended Preventative Measures of the CDC to Reduce the Spread of COVID-19
in Our Community During the Public Health Emergency. (Mayor Gabriel)
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 19, 2020. (City
Clerk)
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
(Administration)
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Purchase Orders Over
$15,000. (Administration)
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 09/16/2020.
*Ordinance No. 3162-2020 - Amending Municipal Code Section 23.50.010 – Employee
Classification, to Amend a Class Title in the Supervisory and Professional Class.
(Administration)
4. APPROVED UNANIMOUSLY. Action/Approval - Amending an Employment Agreement
between the City of Kenai and City Clerk, Jamie Heinz, to Extend the Agreement. (Mayor
Gabriel)
5. APPROVED UNANIMOUSLY. Action/Approval - Special Use Permit to Boys and Girls
Club of the Kenai Peninsula for Temporary Use of Facilities at the Fire Training Facility.
(Administration)
6. Discussion - Response to COVID-19. (Administration)
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
Kenai City Council - Regular Meeting Page 4 of 5
September 02, 2020
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Review and Discussion of the Terms of Employment Agreements for the City Manager, City
Attorney, and City Clerk which, Pursuant to AS 44.62.310(c)(2) May be a Subject that Tends
to Prejudice the Reputation and Character of the City Manager, City Attorney, and City Clerk
and per AS 44.62.310(c)(1) is a Matter of which the Immediate Knowledge may have an
Adverse Effect Upon the Finances of the City.
a. Action/Approval – Amending an Employment Agreement between the City of Kenai
and City Attorney, Scott Bloom. (Mayor Gabriel)
b. Action/Approval - Amending an Employment Agreement between the City of Kenai
and City Manager, Paul Ostrander. (Mayor Gabriel)
c. Action/Approval - Amending an Employment Agreement between the City of Kenai
and City Clerk, Jamie Heinz. (Mayor Gabriel)
M. PENDING ITEMS
1. Substitute 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) [Clerk's Note: At
the August 19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion
to enact is on the floor.]
2. Ordinance No. 3128-2020 - Amending Kenai Municipal Code Section 1.85.040 – Records
Public, To Provide For A Record Retention Length. (City Clerk) [Clerk's Note: At the August
19 Meeting, this item was Postponed to the 10/21/20 Council Meeting; a motion to enact is
on the floor.]
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
2. ROSSIA Correspondence.
Kenai City Council - Regular Meeting Page 5 of 5
September 02, 2020
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
https://us02web.zoom.us/j/81708470559
Meeting ID: 817 0847 0559 Passcode: 216291
OR Dial In: (253) 215-8782 or (301) 715-8592 Meeting ID: 817 0847 0559 Passcode: 216291
CITY OF KENAI
NOTICE OF ORDINANCES AND RESOLUTIONS
ADOPTED AT THE SEPTEMBER 2, 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. 3156-2020 -Increasing
Estimated Revenues and Appropriations in the Water and Sewer Special Revenue and
Water and Sewer Improvements Capital Project Funds and Awarding a Construction
Agreement for Improvements to the Wasting Activated Sludge Pumps at the Waste Water
Treatment Plant. (Administration)
2. ADOPTED UNANIMOUSLY. Resolution No. 2020-73 -Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18 , 2020 in Response to the
COVID-19 Health Emergency. (Administration) [Clerk's Note: Ordinance No. 3158-2020
is contingent upon this resolution being adopted.]
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3158-2020 -Increasing
Estimated Revenues and Appropriations in the COVID-19 CARES Act Recovery Fund and
Accepting a CARES Act Grant Passed Through the Kenai Peninsula Borough .
(Administration)
4. ADOPTED UNANIMOUSLY. Resolution No. 2020-70 -Amending the City's Grant
Disbursement Program for Small Businesses and Non-Profit Organizations Utilizing Funds
from the Coronavirus Aid, Relief, And Economic Security (CARES) Act and Authorizing
the City Manager to Enter into Agreements with Alaska Housing Finance Corporation
(AHFC) for Housing Relief Program Administration and with the Kenai Peninsula Food
Bank for Food Distribution in Kenai. (Administration)
5. ENACTED UNANIMOUSLY. Ordinance No. 3159-2020 -Accepting and Appropriating a
Municipal Arts & Culture Matching Grant from the Rasmuson Foundation in the COVID-19
CARES Act Recovery Fund . (Administration)
6 . ENACTED UNANIMOUSLY. Ordinance No. 3160-2020 -Increasing Estimated
Revenues and Appropriations in the Airport Special Revenue and the Airport Equipment
Capital Project Fund and Decreasing Revenues and Appropriations in the Airport
Equipment Capital Project Fund for Costs Ineligible Under the Federal Aviation
Administration's Airport Improvement Grant Program for the Purchase of Snow Removal
Equipment (SRE) Loader With Attachments . (Administration)
7. ENACTED UNANIMOUSLY. Ordinance No. 3161-2020 -Increasing Estimated
Revenues and Appropriations in the COVID-19 Cares Act Recovery Fund and Accepting a
CARES Act Grant Passed through the Kenai Peninsula Borough for Kenai Senior Center
Expenditures in Response to the COVID-19 Public Health Emergency. (Administration)
8. ADOPTED UNANIMOUSLY. Resolution No. 2020-72 -Approving the Execution of a
Forty-Five Year Lease of Airport Reserve Lands Using the Standard Lease Form Between
the City of Kenai and Alaska Air Fuel , Inc ., for a Portion of Lot 5, FBO Subdivision No. 8.
(Administration)
9. A DOPTED UNANIMOUSL Y AS AMENDED. Resolution No. 2020-74 -Amending the
Agreem ent for Emergency Serv ices Tra ining and Cl inical Experiences with the Univers ity
of Alaska to Accommodate Overnigh t Stays and Update Insu rance Requ iremen ts .
(Adm in istration)
10. ADOPTED AS AMENDED. Resolution No . 2020-75 -Adopting Joint Resolution No .
2020-001 of the Assembly of the Kenai Peninsula Borough and Counci ls of the City of
Kena i and City of Soldotna Encouraging All Residents to Take the Necessary Precautions
and Follow the Recommended Preventative Measures of the CDC to Reduce the Spread
of COVID-19 in Our Community During the Public Health Emergency. (Mayor Gabriel)
Copies of the ordinances and /or resolutions are ava ilable in the Office of the Kena i City Clerk.
Please be advised, subject to legal limitations , ord inances and/or resolutions may have been
amended by the Council prior to adoption w ithout further public notice .
...
NOTICE OF PUBLIC HEARING
SEPTEMBER 2, 2020
CITY OF KENAI COUNCIL MEETING
NOTICE IS HEREBY GIVEN the City Council of the City of Kenai will conduct a public hearing
on the following Ordinance(s) and/or Resolution(s) on the above-noted meeting date:
1. Ordinance No. 3155-2020 -Increasing Estimated Revenues and Appropriations in
the Airport Improvements Capital Project Fund and Accepting a Grant from The
Federal Aviation Administration for Phase One Construction of a New Sand
Storage Facility. (Administration)
2. Ordinance No. 3156-2020 -Increasing Estimated Revenues and Appropriations in
the Water and Sewer Special Revenue and Water and Sewer Improvements
Capital Project Funds and Awarding a Construction Agreement for Improvements
to the Wasting Activated Sludge Pumps at the Waste Water Treatment Plant.
(Administration)
3. Ordinance No. 3157-2020 -Amending Kenai Municipal Code Section 1.85.010 -
Report of Financial and Business Interests, to Allow for Certification by Municipal
Officers that a Previously Filed Statement of Disclosure Remains Accurate and
Approving an Alternate Certification. (Vice Mayor Molloy)
4. Resolution No. 2020-73 -Further Extending the D isaster Emergency Declaration
for the City of Kenai Made on March 18, 2020 in Response to the COVID-19
Health Emergency. (Administration) [Clerk's Note: Ordinance No. 3158-2020 is
contingent upon this resolution being adopted.]
5. Ordinance No. 3158-2020 -Increasing Estimated Revenues and Appropriations in
the COVID-19 CARES Act Recovery Fund and Accepting a CARES Act Grant
Passed Through the Kenai Peninsula Borough. (Administration)
6. Resolution No. 2020-70 -Amending the City's Grant Disbursement Program for
Small Businesses and Non-Profit Organizations Utilizing Funds from the
Coronavirus A id, Relief, And Economic Security (CARES) Act and Authorizing the
City Manager to Enter into Agreements with Alaska Housing Finance Corporation
(AHFC) for Housing Relief Program Administration and with the Kenai Pen insula
Food Bank for Food Distribution in Kenai. (Administration)
7 . Ordinance No. 3159-2020 -Accepting and Appropr iati ng a Municipal Arts &
Cu lture Matching Grant from the Rasmuson Foundation in the COVID -19 CARES
Act Recovery Fund. (Administration)
8. Ordinance No. 3160-2020 -Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue and the Airport Equipment Capital Project Fund and
Decreasing Revenues and Appropriations in the Airport Equipment Capital Project
Fund for Costs Ineligible Under the Federal Aviation Administration's Airport
Improvement Grant Program for the Purchase of Snow Removal Equipment (SRE)
-Loader With Attachments.
(Administration)
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanim ous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
9. Ordinance No. 3161-2020 -In creas ing Estimated Revenues and Appropriations in
the COVID-19 Cares Act Recovery Fund and Accepting a CARES Act Grant
·>
Passed th rough the Kenai Peninsula Borough for Kena i Senior Center
Expenditures in Response to the
COVID-19 Public Health Emergency. (Administration )
1. Motion for Introduction
2. Motion for Second Reading (Requires a Unanimous Vote)
3. Motion for Adoption (Requires Five Affirmative Votes)
10. Resolution No. 2020-71 -Approving an Airl ine Operating Agreement and
Terminal Area Lease with Corvus Airlines, Inc., D/B/A Ra vn Alaska.
(Administration)
11. Resolution No. 2020-72 -Approving the Execution of a Forty-Five Year Lease of
Airport Reserve Lands Using the Standard Lease Form Between the City of Kenai
and Alaska Air Fuel, Inc., for a Portion of Lot 5, FBO Subdivision No. 8.
(Administration)
12. Resolution No. 2020-74 -Amending the Agreement for Emergency Services
Training and Cl inical Experiences with the University of Alaska to Accommodate
Overnight Stays and Update Insurance Requirements . (Administration)
13. Resolution No . 2020-75 -Adopting Joint Reso lution No. 2020-001 of the
Assembly of the Kenai Peninsula Borough and Counci ls of the City of Kenai and
City of Soldotna Encouraging All Residents to Take the Necessary Precautions
and Follow the Recommended Preventative Measures of the CDC to Reduce the
Spread of COVID-19 in Our Community During the Pub lic Health Emergency.
(Mayor Gabriel)
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 .