HomeMy WebLinkAbout2021-02-17 Council PacketKenai City Council - Regular Meeting Page 1 of 4
February 17, 2021
Kenai City Council - Regular Meeting
February 17, 2021 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. Ordinance No. 3182-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue Fund for the 2021 Airport Sand Screening Project.
2. Ordinance No. 3183-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund – Police Department, and Accepting a Grant From the US Department of
Transportation Passed through the State of Alaska Department of Transportation and Public
Facilities for Traffic Enforcement Overtime Expenditures.
3. Ordinance No. 3184-2021 - Amending Kenai Municipal Code 23.30.050 – Business Hours
and Hours of Work to Allow for Alternate Work Schedules in the Police Department.
4. Ordinance No. 3185-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Special Revenue and Airport Improvements Capital Project Funds and Amending a
Professional Services Agreement for the 2021 Airfield Drainage Rehabilitation Project at
the Kenai Municipal Airport.
5. Ordinance No. 3186-2021 - Increasing Estimated Revenues and Appropriations in the
General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts
to the City’s General Fund.
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Kenai City Council - Regular Meeting Page 2 of 4
February 17, 2021
6. Ordinance No. 3187-2021 - Increasing Estimated Revenues and Appropriations in the
Airport Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted Amounts
to the City’s Airport Fund.
7. Ordinance No. 3188-2021 - Increasing Estimated Revenues and Appropriations in the
Water and Sewer Special Revenue and Wastewater Treatment Plant Improvements Capital
Project Funds for a Replacement Sludge Press.
8. Ordinance No. 3189-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund and the Public Safety Capital Project Fund to Provide Supplemental Funding
to the Fire Department’s Station Alerting Project and Authorizing a Purchase Order in
Excess of $15,000 to Kachemak Electric for Performance of the Work.
9. Ordinance No. 3190-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund and Authorizing a Grant Disbursement Program for Small Businesses that
Did Not Previously Apply for Full Assistance from the City in 2020.
10. Ordinance No. 3191-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund to Provide Assistance to Kenai Residents Impacted by the COVID-19 Public
Health Emergency with the Purchase of Groceries and Necessary Household Goods in
Kenai and Award a Professional Service Agreement to the Kenai Chamber of Commerce
and Visitors Center for Administration of the Program.
11. Resolution No. 2021-08 - Awarding a Professional Services Contract at the Kenai
Municipal Airport for Airport Security Guard Services.
12. Resolution No. 2021-09 - Further Extending the Disaster Emergency Declaration for the
City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health Emergency.
E. MINUTES
1. *Regular Meeting of January 20, 2021.
2. *Regular Meeting Minutes of February 3, 2021.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified.
2. *Action/Approval - Special Use Permit to State of Alaska - Division of Forestry for Apron
Parking.
3. *Ordinance No. 3192-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund Parks, Recreation and Beautification Department, and Authorizing an
Increase to the Multi-Purpose Facility Management Services Purchase Order to Red Line
Sports for Additional Ice Maintenance Services.
4. *Ordinance No. 3193-2021 - Accepting and Appropriating an Increase in the Title III
Grant from the State of Alaska Department of Health and Social Services for Nutrition,
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Kenai City Council - Regular Meeting Page 3 of 4
February 17, 2021
Transportation and Support Services and a Grant from the United States Treasury Passed
Through the State of Alaska Department of Health and Social Services to Support the
Kenai Senior Center’s Response to the COVID-19 Public Health Emergency.
5. *Ordinance No. 3194-2021 - Accepting and Appropriating Insurance Proceeds for
Damage to Wellhouse Number One in the Water and Sewer Capital Projects Fund,
Authorizing a Budget Transfer in the Water and Sewer Special Revenue Fund – Water
Department, and Appropriating the Estimated Residual Amount Needed to Relocate the
Damaged Facility to the Water and Sewer Complex on Shotgun Drive in the Water and
Sewer and Water and Sewer Capital Project Funds.
6. Action/Approval - Confirmation of Gwen Woodard, Nominated by the Mayor to Fill a
Vacancy on the Planning and Zoning Commission.
7. Action/Approval - Confirmation of Barbara Roland, Nominated by the Mayor to Fill a
Vacancy on the Beautification Committee.
8. Action/Approval - Letter Supporting Bluff Erosion Project Funding.
9. Discussion - COVID-19 Response.
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
February 17, 2021
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
2. State Department/Emergency Amendment Mask Implementation FAQ
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/83445786942
Meeting ID: 834 4578 6942 Passcode: 497332
OR
Dial In: (253) 215-8782 or (301) 715-8592
Meeting ID: 834 4578 6942 Passcode: 497332
Page 4
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3182-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE
FUND FOR THE 2021 AIRPORT SAND SCREENING PROJECT.
WHEREAS, one of the efforts to reduce operating costs on the Airfield, is to utilize the stockpiled
sand from the water runway extension project on the runway, taxiways, and apron for snow and
ice control; and,
WHEREAS, the stockpiled sand, as it is, does not meet the Federal Aviation Administration (FAA)
recommendations of Advisory Circular 150/5200-30D Airport Field condition Assessments and
Winter Operations Safety and requires screening to meet the specifications; and,
WHEREAS, the Airport will advertise to seek assistance with the screening of Airport owned sand
in compliance with FAA specifications; and,
WHEREAS, the successful contractor will be required to mobilize to the site and screen 6,000
cubic yards from the stockpile; and,
WHEREAS, this will give the Airport approximately 3-4 years of runway sand and eliminate the
truck costs to deliver sand to the Airport; and,
WHEREAS, Administration believes $50,000 is sufficient to complete the project and sufficient
funds are available within the Airport Special Revenue Fund; and,
WHEREAS, This appropriation is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Airport Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $50,000
Increase Appropriations –
Airport Operating Supplies $50,000
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Ordinance No. 3182-2021
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New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 6
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: January 22, 2021
SUBJECT: Ordinance No. 3182-2021 - 2021 Airport Sand Screening Project
The Airport is proposing to issue an Invitation to Bid for assistance with screening Airport stock
piled sand to use on the runway, taxiways, and aprons. The sand does not meet the FAA
specifications for use on the airfield without going through a screening process with a plant.
The Airport uses approximately 1,500 to 1,800 cubic yards a winter season. Having a Contractor
mobilize with a screening plant to screen approximately 6,000 cubic yards from the stockpile will
save substantially on the trucking and material costs.
The Airport will advertise an Invitation to Bid after the February 17, 2021 Council meeting and
bring a Resolution to Award if a successful bidder to the April 7, 2021 meeting for Council
consideration.
Thank you for your consideration.
Page 7
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3183-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND – POLICE
DEPARTMENT, AND ACCEPTING A GRANT FROM THE US DEPARTMENT OF
TRANSPORTATION PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES FOR TRAFFIC ENFORCEMENT OVERTIME
EXPENDITURES.
WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to
support Alaska Highway Safety Office (AHSO) traffic safety programs to reduce fatalities and
injuries on roadways; and,
WHEREAS, AHSO traffic-related overtime funds require no local match and allow the Department
to provide specific traffic safety patrols; and,
WHEREAS, actual AHSO overtime expenditures for traffic safety patrols totaled $5,214.68 from
November 16, 2020 through January 1, 2021; and,
WHEREAS, overtime for these additional traffic safety patrols was not budgeted and the
department is requesting appropriation into the overtime budget equal to the amount of the AHSO
grant funding received.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to accept these grant funds in the amount of
$5,214.68 and to expend those funds pursuant to all grant terms and conditions and to fulfill the
purpose and intent of this ordinance.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Federal Grants - Police $5,214.68
Increase Appropriations –
Police – Overtime $5,214.68
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
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Ordinance No. 3183-2021
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New Text Underlined; [DELETED TEXT BRACKETED]
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 9
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: January 20, 2021
SUBJECT: Ordinance No. 3183-2021, Accepting AHSO Grant Funds
The Kenai Police Department continues to participate in traffic enforcement overtime patrols,
reimbursed to the City of Kenai through a grant by the Alaska Highway Safety Office (AHSO).
Actual overtime costs for traffic enforcement between November 16, 2020 and January 1, 2021
that qualified for AHSO reimbursement, was $5,214.68.
AHSO overtime reimbursements are deposited into the general fund. I would respectfully
request consideration of the ordinance accepting and appropriating the grant amount to the
police overtime account.
Page 10
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3184-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 23.30.050 – BUSINESS HOURS AND HOURS OF WORK TO ALLOW FOR
ALTERNATE WORK SCHEDULES IN THE POLICE DEPARTMENT.
WHEREAS, this ordinance eliminates from KMC 23.30.050(b) the specific work schedule that is
set for Police and Communications personnel, allowing that schedule to be set or changed
administratively while maintaining the four day work week; and,
WHEREAS, KMC 23.30.050(b) currently requires “(4) shifts of 10 hours per week” as the normal
schedule, however alternate schedules may be both beneficial to the City and to the employees;
and,
WHEREAS, during a portion of the public health emergency dispatchers have worked a schedule
of (3) shifts of 12 hours and (1) shift of 4 hours per week and that shift has worked well for the
Department; and,
WHEREAS, the alternate schedule with 12 hours shifts has advantages including it is
predominately a preferred schedule for staff, it provides for less hours during the week of a
dispatcher working alone in the dispatch center without another dispatcher to assist, and it is also
not an uncommon schedule among some other dispatch centers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section 23.30.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 23.30.050 – Business hours and hours of work, is hereby amended as
follows:
23.30.050 Business [H]Hours and [H]Hours of [W]Work.
(a) The hours during which City offices and departments shall normally be open for business
shall be 8:00 a.m. to 5:00 p.m., Police and Fire shall be open for business twenty-four (24)
hours a day. The library, Senior Center, Public Works and Animal Control operations shall be
open for business as authorized by the City Manager.
(b) Public Safety employees, not including administrators, normal work week is:
(1) Police and Communications—four (4) shifts [OF TEN (10) HOURS] per week, two
thousand eighty (2,080) hours annually. When working this shift, first and third days off
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Ordinance No. 3184-2021
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shall be treated as Saturdays and the middle day off (the second day) shall be treated
as a Sunday for purposes of paying overtime;
(2) Employees performing fire protection activities as defined by the Fair Labor
Standards Act (FLSA) may work any FLSA approved “7(k) Work Period” approved by the
City Manager.
(c) All other employees’ normal work week is forty (40) hours, two thousand eighty (2,080)
hours annually. Standard work day is midnight to midnight succeeding. Standard work week
is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted on
timely notice.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: March 19, 2020
Page 12
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: January 20, 2021
SUBJECT: Ordinance No. 3184-2021, Amending KMC 23.30.050(b)
In KMC 23.30.050(b), the normal schedule for police and communications staff is stated as “four
(4) shifts of ten (10) hours per week”. This ordinance will remove the language that specifically
states the number of hours per day, but keeps the four day work week.
Dispatchers have been working a four-day work week schedule comprised of three 12-hour shifts
and one 4-hour shifts for the last couple months of the public health emergency, and there are
some benefits we can retain if that schedule is permitted beyond the current emergency. When
we are fully staffed, under the normal schedule of 10-hour shifts, we have about 52 hours per
week of a dispatcher working alone in the dispatch center without a partner, which is less than
optimal. When we are fully staffed under the 12-hour shift schedule, we are able to reduce the
time that a dispatcher would be scheduled to work alone down to approximately 16 hours each
week. It is also a generally preferred schedule among dispatchers.
This ordinance does not set the schedule for dispatchers, it simply allows the schedule to be
adjusted administratively within a 40-hour per week, 4-shifts per work-week schedule, rather than
being set in Code specifically as 10-hour shifts.
There is no intention to make changes to the police staff schedules at this time.
I respectfully request your consideration of this Ordinance.
Page 13
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3185-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT SPECIAL REVENUE
AND AIRPORT IMPROVEMENTS CAPITAL PROJECT FUNDS AND AMENDING A
PROFESSIONAL SERVICES AGREEMENT FOR THE 2021 AIRFIELD DRAINAGE
REHABILITATION PROJECT AT THE KENAI MUNICIPAL AIRPORT.
WHEREAS, HDL Engineering Consultants has completed the initial assessment for the Airfield
Drainage Project, also known as Task 5 under our current agreement with HDL; and,
WHEREAS, Ordinance 3166-2020 funded an initial assessment effort at $44,230 which included
a Purchase Order to HDL in the amount of $37,230 to perform CCTV Camera Inspection services,
$5,000 in contingency funds, and $2,000 in City administration time; and,
WHEREAS, the final condition assessment provided by HDL Engineering has identified
approximately 500lf of storm water piping that has failed and is in need of replacement; and,
WHEREAS, this Ordinance is intended to provide sufficient funds to complete the design effort
and complete the pipe replacement work; and,
WHEREAS, the total project cost is estimated to be $300,000, and will require an increase to HDL
Engineering’s Purchase Order 121702 by $84,725 for a total Purchase Order amount of
$121,955; and,
WHEREAS, the remaining funds are expected to cover construction and City Administration fees;
and,
WHEREAS, the Federal Aviation Administration (FAA) is aware of and in support of this project;
and,
WHEREAS, as this project is addressing an emergent need and was not previously included in
planning documents a grant is not yet in place at this time, however communications with the FAA
have determined the project is grant eligible and will be funded as a source becomes available.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. The City Manager is authorized to increase Purchase Order 121702 to HDL
Engineering Consultants for Professional Services in the amount of $84,725 for a total design
agreement to date of $121,955.
Section 2. That the estimated revenues and appropriations be increased as follows:
Page 14
Airport Special Revenue Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $255,770
Increase Appropriations –
Transfer to Airport Improvement Capital Project Fund $255,770
Airport Improvement Capital Project Fund:
Increase Estimated Revenues –
Transfer from Airport Special Revenue Fund $255,770
Increase Appropriations:
KMA Airfield Drainage Improvements Project –
Design $84,725
Construction $171,045
$255,770
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
upon adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 15
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: January 26, 2021
SUBJECT: Ordinance No. 3185-2021
On December 14, 2020 the City executed an agreement with HDL Engineering to investigate
and provide a condition assessment of some failing storm drains within the safety area of the
runway at the Kenai Municipal Airport. On December 15, 2020 a CCTV Contractor mobilized to
Kenai and inspected approximately 3000lf of existing storm drain. The map below indicates the
area of the inspection as well as some pipe photos from the inspection.
On January 8, 2021 the City received a formal report from HDL Engineering Consultants
indicating the results of the inspection as well as recommendations on corrective actions for the
work. Approximately 500lf of storm drain has been identified as an immediate concern for
replacement. Pipe connections are rusting and beginning to fail allowing fill from above to enter
the pipe while creating sink holes above.
The proposed project is anticipated to cost approximately $300K including Design and
Construction. Is expected to take 2-3 weeks to complete the work, which will likely take place
overnights in the spring requiring a short term shutdown of the runway, nightly, for those few
weeks. Close coordination with staff and the Federal Aviation Administration (FAA) will be
required to accomplish this.
The FAA is aware of and in support of this project. The City will front end Finance this project
from the Airport Special Revenue Fund and seek a reimbursement grant from the FAA as funds
become available. Sufficient funds are available to accomplish this.
It should be noted additional areas of the storm drain system were also found to be failing,
however these areas due to their close proximity to the runway, were determined to be a better
candidate for replacement during a future Runway Rehabilitation Project due to the potential for
damaging existing asphalt that may require repair after repairing the piping.
Completion of this project is a high priority for the Airport, and the Administration is in support of
the project. Council’s support is respectfully requested.
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Page 17
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3186-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL LAND SALE
PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED AMOUNTS TO
THE CITY’S GENERAL FUND.
WHEREAS, Article 5, Section 5-11 of the City’s Charter, requires the proceeds from the Sale of
all City owned, non-trust lands be deposited in a separate fund, the General Land Sale Permanent
Fund, and allows for the investment earnings to be used for any lawful purpose but prohibits the
expending of the proceeds from land sales; and,
WHEREAS, the General Land Sale Permanent Fund’s 2020-year ending balance of $3,643,755
was an increase of $212,783 from the December 31, 2019 balance; and,
WHEREAS, the allowable transfer to the General Fund for operations is limited to 4% annually
and excess earnings are reserved to supplement spending when portfolio earnings are less than
the 4% limit in any given year; and,
WHEREAS, the December 30, 2020 earnings reserve balance was $692,062, thus the 2020
annual transfer is limited to $145,750 (4% of the Fund’s value); and,
WHEREAS, after deducting the FY2021 allowable transfer, the earnings reserve balance will be
$546,312; and,
WHEREAS, the FY2021 budgeted transfer from the General Land Sale Permanent Fund was
$139,523 meaning the actual will be $6,227 more than budgeted and increasing the transfer
amount to the maximum amount is in the City’s best 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 in the General Land Sale
Permanent Fund be increased as follows:
General Land Sale Permanent Fund:
Increase Estimated Revenues –
Investment Earnings $6,227
Increase Appropriations –
Transfer to General Fund $6,227
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Ordinance No. 3186-2021
Page 2 of 2
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New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 19
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: January 22, 2021
SUBJECT: Ordinance No. 3186-2021 – GLSPF Appropriation Increase
The purpose of this memo is to recommend passage of Ordinance 3186-2021. This Ordinance
will increase the authorized transfer amount from the General Land Sale (GLSPF) to the City’s
General Fund for FY21. This increased amount is possible because earnings were higher than
projected for calendar year 2020.
GLSPF
Pursuant to KMC 7.30.020 (a) (5) the annual transfer from the GLSPF shall be limited to the lesser
of the cumulative earnings at calendar year end for the fund or four percent (4%) of the fund’s fair
market value as of December 31st of each year. “Cumulative earnings” is defined as the market
value at calendar year end minus the fund’s inflation adjusted principal balance.
The December 31, 2020 market value of the GLSPF was $3,643,755 with cumulative earnings of
$692,062.
December 31, 2020
Portfolio Value $3,643,755
4% of Portfolio Value $145,750
Cumulative Earnings $692,062
FY20 Allowable Transfer $145,750
The FY21 budgeted transfer amount was $139,523. This Ordinance will increase the budgeted
transfer amount to the maximum value of $145,750, an increase of $6,227.
Your support for Ordinance 3186-2021 is respectfully requested.
Page 20
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3187-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT LAND SALE
PERMANENT FUND TO TRANSFER EARNINGS IN EXCESS OF BUDGETED AMOUNTS TO
THE CITY’S AIRPORT FUND.
WHEREAS, section 7.30.010 of the Kenai Municipal Code (KMC) established a fund to account
for the proceeds from sale of land deeded to the City by the US Government for benefit of the
Kenai Municipal Airport; and,
WHEREAS, KMC 7.30.020(a)(4) provides for appropriations from the Airport Land Sale
Permanent Fund be limited to 3.8% or 4.2% of the fund’s five-year, December 31st fair market
value; and,
WHEREAS, 3.8% of the average five-year December 31st value, may be transferred if the fund’s
year end value is below the fund’s inflation adjusted value; and,
WHEREAS, 4.2% of the average five-year December 31st value, may be transferred if the fund’s
year end value exceeds the fund’s inflation adjusted value; and,
WHEREAS, the Airport Land Sale Permanent Fund’s 2020-year ending balance was $28,632,059
and the five-year average market value was $25,524,254 and is below the inflation adjusted
principal balance of $26,531,145 thus limiting the allowable transfer to the lower bound of
spending rate (3.8%) or $969,922; and,
WHEREAS, the FY2021 budgeted transfer from the Airport Land Sale Permanent Fund was
$955,050 meaning the actual will be $14,872 more than budgeted and increasing the transfer
amount to the maximum amount is in the City’s best 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 in the Airport Land Sale
Permanent Fund be increased as follows:
Airport Land Sale Permanent Fund:
Increase Estimated Revenues –
Investment Earnings $14,872
Increase Appropriations –
Transfer to Airport Fund $14,872
Page 21
Ordinance No. 3187-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 22
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: January 22, 2021
SUBJECT: Ordinance No. 3187-2021 – ALSPF Appropriation Increase
The purpose of this memo is to recommend passage of Ordinance 3187-2021. This Ordinance
will increase the authorized transfer amount from the Airport Land Sale (ALSPF) to the City’s
Airport Fund for FY21. This increased amount is possible because earnings were higher than
projected for calendar year 2020.
ALSPF
Pursuant to KMC 7.30.020 (a) (4) the annual transfer from the ALSPF will be based upon the five
(5) year average of the fund’s calendar year end market value. An amount not to exceed three
and four-fifths percent (3.8%) of the five (5) year average market value may be distributed if the
average market value is less than the fund’s inflation adjusted principal balance. An amount not
to exceed four and one-fifth percent (4.2%) of the five (5) year average market value may be
distributed if the average market value is greater than the fund’s inflation adjusted principal
balance.
The December 31, 2020 5 year-average market value of the portfolio ($25,524,254) was below
the inflation adjusted principal ($26,531,145), thus the allowable transfer is limited to the lower
bound of the spending rate (3.8%). The 2020 allowable transfer based upon this calculation is
$969,922.
The FY21 budgeted transfer amount was $955,050. This Ordinance will increase the budgeted
transfer amount to the maximum value of $969,922, an increase of $14,872.
Your support for Ordinance 3187-2021 is respectfully requested.
Page 23
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3188-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE WATER AND SEWER SPECIAL
REVENUE AND WASTEWATER TREATMENT PLANT IMPROVEMENTS CAPITAL PROJECT
FUNDS FOR A REPLACEMENT SLUDGE PRESS.
WHEREAS, HDL Engineering Consultants successfully concluded our RFP process in the spring
of 2020, and quickly began work on assessing the City’s Waste Water Treatment Facility; and,
WHEREAS, the two highest priority items identified within HDL’s assessment was the
replacement of the existing Wasting Activated Sludge (WAS) Pumps, which is nearing completion
now, and the replacement of the 40 year old sludge press; and,
WHEREAS, prior to getting HDL Engineering Consultants under contract, $500,000 was included
in the FY2020 budget toward this project; and,
WHEREAS, after development of the project concepts and gaining a greater understanding of
additional appropriate efforts that should take place during this work, items like control panel
replacement, and polymer injection equipment replacement, the intent of this ordinance is to
appropriate additional funds to allow the project to continue forward; and,
WHEREAS, the current anticipated budget for this work is now $1,200,000 based on current
estimates; and,
WHEREAS, to date the current design agreement with HDL for this work totals $169,125 and was
approved under Resolution 2020-95; and,
WHEREAS, staff in coordination with the engineers intend to issue and evaluate through the
Request for Proposal (RFP) process equipment offerings from various manufacturers and upon
evaluation issue a contract award to the supplier offering the greatest value to the City on a new
sludge press and associated equipment; and
WHEREAS, this procurement will allow the six month production time for the new equipment to
take place while final design documents are being completed on the actual equipment to be
installed; and
WHEREAS, this will save the City on contractor markup on roughly $450K worth of equipment
while allowing the equipment to arrive in Alaska faster as well as minimize exposure on change
orders as the design documents will reflect the specific equipment being installed and not a
generalization towards multiple potential manufacturers; and
WHEREAS, enactment of this Ordinance is in the City’s best interest.
Page 24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
Water and Sewer Special Revenue Fund:
Increase Estimated Revenues – $700,000
Increase Appropriations:
Transfer to Wastewater Treatment Plant
Improvement Capital Project Fund $700,000
Section 2. That the estimated revenues and appropriations be increased as follows:
Wastewater Treatment Plant Improvement Capital Project Fund:
Increase Estimated Revenues –
Transfer from Water & Sewer Fund $700,000
Increase Appropriations:
Construction $700,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That 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 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 25
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: January 26, 2021
SUBJECT: Ordinance No. 3188-2021
Council approved Resolution 2020-95 at the December 16, 2020 Council meeting which
authorized a professional services agreement to HDL Engineering to provide bid ready
construction documents for a replacement sludge press at the City’s Waste Water Facility.
This agreement, in the amount of $169,125, was paid for from the $500,000 in funding provided
during the FY20 Budget. HDL Engineering, in coordination with City staff and their sub-
consultants, have determined the production lead times on this equipment is extensive, estimated
to be approximately six months from date of order to delivery.
As such the team is working on documents to select a new sludge press during a competitive
RFP process where the City will select and purchase a new sludge press and associated
components directly from the manufacturers / distributor as the case may be. This is slightly
different than a normal design, bid, build type of procurement process.
This ordinance is being introduced now, to ensure sufficient funds are available to award the
purchase of this equipment by the City and also to inform Council of what the likely overall
magnitude of the project is anticipated to be. Finance requires sufficient funds are available prior
to the release of solicitations. This ordinance is to meet that requirement.
Current project estimate has the design phase at $169,125, equipment purchases approximately
$480,000, and the remainder of roughly $550,000 for construction, construction administration
and City administration. At the completion of the design phase a more detailed cost estimate will
be provided by the design team and if needed, may result in coming back to Council to confirm
any changes to assumed project costs prior to going out for construction contractor bids.
This project is the highest priority item at the Waste W ater Facility to be completed next.
Replacement will allow staff to continue to meet Federal and State regulated requirements. The
administration is in support of the project.
Council’s support is respectfully requested.
Page 26
Page 2 of 2
Example of new screw press
Existing 40 year old belt press
Page 27
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3189-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND AND THE
PUBLIC SAFETY CAPITAL PROJECT FUND TO PROVIDE SUPPLEMENTAL FUNDING TO
THE FIRE DEPARTMENT’S STATION ALERTING PROJECT AND AUTHORIZING A
PURCHASE ORDER IN EXCESS OF $15,000 TO KACHEMAK ELECTRIC FOR
PERFORMANCE OF THE WORK.
WHEREAS, the City of Kenai received a grant from the State of Alaska Homeland Security
Program for $473,000 (Ordinance 3093-2019); and,
WHEREAS, $45,000 of that grant was designated to install Fire Station Alerting equipment at the
Airport Fire Station; and,
WHEREAS, equipment was purchased through US Digital Design totaling $31,090.56 and
installation by Kachemak Electric Co. Inc. cost $14,854; and,
WHEREAS, after installation of the project was completed, there were functionalities of the
system that were identified requiring additional installation to complete including: interface with
Dispatch to control doors and crash phone interface with the Airport Control Tower; and,
WHEREAS; labor and materials to complete this work total $2,532 as submitted by Kachemak
Electric Co.; and,
WHEREAS; an additional $2,476.56 is requested to complete this project; and,
WHEREAS; it is in the best interest of the City of Kenai and the Fire Department to complete this
work and maintain operational readiness and integration of the Fire Station Alerting System.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $2,476.56
Increase Appropriations –
Transfer to Public Safety Capital Projects Fund $2,476.56
Page 28
Ordinance No. 3189-2020
Page 2 of 2
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New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. That the estimated revenues and appropriations be increased as follows:
Public Safety Capital Project Fund:
Increase Estimated Revenues –
Transfer from General Fund $2,476.56
Increase Appropriations –
Professional Services $2,476.56
Section 3. That the City Manager is authorized to execute a change order to the purchase
order issued to Kachemak Electric in the amount of $2,532 bringing the adjusted change order
amount to $17,386.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 29
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: January 27, 2021
SUBJECT: Ordinance 3189-2021
The City of Kenai was awarded grant funding from the State of Alaska Homeland Security
Program (Ordinance 3093-2019), and $45,000 of the grant was specified to install G2 Fire Station
Alerting equipment at the Airport Station. Station 1 already has the G2 Fire Station Alerting
equipment installed and operational from a joint grant with the Kenai Peninsula Borough. We
contracted with Kachemak Electric Co. Inc to install the equipment as they are the only authorized
electrical company to install this equipment. Upon completion of installation by Kachemak Electric
we identified a few key items that could be added to the project to enhance the system.
First, the G2 Station Alerting System has the ability to have our Dispatch Center control the
opening and closing of bay doors at the Airport Fire Station. The components needed for this
particular operation of the G2 Station Alerting is already purchased and would only require a small
amount of wiring and installation time. The opening of the doors can be programmed into the alert
notification and automatically open the doors to speed up response times for airport emergencies.
With the strict requirements of a three (3) minute response time from FAA, this would assist to
ensure no delays in response of apparatus.
Second, the speaker system at the Airport Station is directly tied to the Airport Control Tower’s
“RED PHONE”, which broadcasts as a PA when they talk directly to our Dispatch Center. They
use this to notify us of an ALERT (Aircraft Emergency). The current system is very scratchy and
sometimes inaudible by fire personnel. We have identified an option to tie that Red Phone into
the G2 Station Alerting Speakers for a clear and loud notification of an Aircraft Emergency.
Third, tying the outside speakers into the Alerting System. When personnel are outside of the
station they may not be able to hear an emergency tone without a portable radio. We can tie the
exterior speakers at the station to the Alerting System, improving notification in all areas in and
around the station.
I respectfully request the addition of $2,476.56 to the Public Safety Capital Project Fund and the
increase of the Purchase Order to Kachemak Electric to complete the aforementioned work.
Page 30
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3190-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND TO PROVIDE A
GRANT DISBURSEMENT PROGRAM FOR SMALL BUSINESSES THAT DID NOT
PREVIOUSLY APPLY FOR FULL ASSISTANCE FROM THE CITY IN 2020.
WHEREAS, on April 9, 2020 President Donald J. Trump approved a Disaster Declaration for the
State of Alaska; and,
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 with an application period of June 4, 2020 to June 19, 2020;
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 pandemic to seek relief without materially affecting available
future funding; and,
WHEREAS, on September 2, 2020, the Council amended the Grant Disbursement Program to
provide a second round of grants, with an application period of October 1, 2020 to October 30,
2020 that increased the amount available to City of Kenai businesses so that the total of the City
grants equaled the size of the business grants offered by the Kenai Peninsula Borough to borough
businesses located outside of the City limits; and,
WHEREAS, Administration has reached out to numerous businesses that did not apply during
one or all of the grant application periods to determine why they did not apply, with the primary
reasons given being that their business was faring well at the time, they felt the funds should go
to other businesses that had a greater need, and in some cases missing the opportunity to apply;
and,
WHEREAS, the magnitude and length of the COVID-19 pandemic is still unknown, and its
associated negative impacts to our economy are still creating uncertainty for local businesses;
and,
Page 31
Ordinance No. 3190-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
WHEREAS, providing businesses that previously did not receive full assistance through the City’s
2020 programs an opportunity to apply for those programs will benefit businesses that previously
did not have a need, or missed the grant opportunities for some other reason; and,
WHEREAS, the success of the City is dependent upon the success of the local economy and its
businesses and providing an opportunity for local businesses that previously did not apply for full
assistance to apply for our grant disbursement program 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 grant disbursement program for small businesses that did not previously
apply for full assistance from the City in 2020 is approved as attached or modified in similar form.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $200,000
Increase Appropriations – Non-Departmental
Grants to Others $200,000
$200,000
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February,
2021.
ATTEST: BRIAN GABRIEL SR., MAYOR
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: __ _______________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 32
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: January 27, 2021
SUBJECT: Ordinance 3190-2021 – Providing a Grant Opportunity for Businesses
That Did Not Previously Apply For Full Assistance
Since COVID-19 began impacting the daily lives of our residents in March of 2020, the
administration has worked diligently to identify areas of need in the community and recommend
ways in which the City could help meet those needs. When Federal CARES Act funding was
made available through the State, and later, when additional funding was provided through the
Kenai Peninsula Borough, it was clear that utilizing a portion of these funds to support our
business community was going to be essential to offset the negative economic impacts of the
pandemic.
City Council approved a first round of grants that included small businesses and non-profit entities
for the period of June 4-19, 2020, and re-opened the first round for an additional period of July
10-17, 2020. Council then authorized a second round of grants for small businesses for the period
of October 1-30, 2020. Depending on the business’ total gross sales, Kenai businesses were
eligible for up to $35,000 in grants from the City through these programs.
Since the last grant program’s closure on October 30, 2020, multiple businesses have
communicated with the administration that they did not apply for one or either round of grants.
Some businesses indicated that they only applied for the first round of grants based on need at
the time. The reasons these businesses did not apply for full assistance varies, but as the
pandemic drags on into 2021 and our local economy continues to suffer, providing these
businesses another opportunity to apply for grants they would have qualified for under the City’s
Relief and Recovery grant programs is appropriate.
Ordinance 3190-2021 provides additional grant funds where they are needed to businesses in
our community without providing grants in excess of what other City businesses received or what
was offered to Kenai Peninsula Borough businesses outside of the City limits.
Your consideration is appreciated.
Page 33
Small Business Grant
Small Business Grant Program
The City is offering an additional grant
opprtunity for small businesses that did not
previously apply for the maximum amount of
grant funding they were eligible to recieve
from the City through its Relief and Recovery
grant programs in 2020. 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.
The minimum revenues a business needs to
be eligible to receive a grant is $20,000,
consistent with the Borough's program.
Businesses that received grants in Round 1
but did not apply for Round 2 of the City
program will need to reapply for this program
— the application form will request additional
information. Businesses that did not apply in
Round 1 or Round 2 will be eligible to apply
for this program to receive the maximum grant
amount.
The City will begin accepting applications on
February 22, 2021 and the application period
will close on March 22, 2021.
The 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 the maximum a qualifying
business was eligible to receive rom the City
through its Relief and Recovery Grant Program
in 2020 in Round 1 and Round 2:
Up to $1,750 for businesses with 2019
revenues of $20,000 to $50,000
Up to $3,500 for businesses with 2019
revenues of $50,000 to $100,000
Up to $8,750 for businesses with 2019
revenues of $100,000 to $250,000
Up to $17,500 for businesses with 2019
revenues of $250,000 to $500,000
Up to $35,000 for businesses with 2019
revenues of over $500,000
Similar to Round 1 and Round 2 of the City's
Relief and Recovery Grant Program, 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
Round 1 Grant
Amount
Total Grant
Amounts
Round 2 Grant
Amount
$3,750
$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
The City is offering a grant for small businesses that did not previously apply for the
maximum amount of grant funding they were eligible to recieve in Round 1 and Round 2:
Page 34
Small Business Grant
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 the
previous program, 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 were
significantly larger than in Round 1, the City
will ask for additional information of applicants
for this program as well. This includes
information on economic hardship suffered by
the business, either lost revenue or additional
costs of operations; and information on other
similar financial assistance received from the
Borough or other cities on the Kenai
Peninsula.
If the demand for grants for this program
exceeds the City’s available funds, the City
reserves the right to prorate the grants to
stay within available funding.
Page 35
Sponsored by: Mayor Gabriel
CITY OF KENAI
ORDINANCE NO. 3191-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND TO PROVIDE
ASSISTANCE TO KENAI RESIDENTS IMPACTED BY THE COVID-19 PUBLIC HEALTH
EMERGENCY WITH THE PURCHASE OF GROCERIES AND NECESSARY HOUSEHOLD
GOODS IN KENAI AND AWARD A PROFESSIONAL SERVICE AGREEMENT TO THE KENAI
CHAMBER OF COMMERCE AND VISITORS CENTER FOR ADMINISTRATION OF THE
PROGRAM.
WHEREAS, the COVID-19 Public Health Emergency has significantly impacted many Kenai
residents through lost income and or increased expenses; and,
WHEREAS, the Kenai Peninsula Food Bank of Alaska reports that before the Public Health
Emergency, it distributed food to approximately 60 people from its Kenai food distribution site,
and during this Public Health Emergency, distribution peaked at about 275 food boxes per week
and continues to serve around 200 a week in Kenai; and,
WHEREAS, the Food Bank further provides that it can distribute 300 food boxes in Kenai, when
available, in less than an hour and that its meal program at the Food Bank, which serves Kenai
residents and others, served around 30 to 40 meals a day previously, but now consistently serves
over twice that, peaking at around 200 meals per day; and,
WHEREAS, other data similarly shows an increase in financial hardship for residents in the City,
with more residents behind on City water and sewer accounts now than prior to the Public Health
Emergency and Homer Electric Association reports that it has a number of members in Kenai and
other areas that have signed SB-241 Agreements indicating they are experiencing financial
hardship due to the Public Health Emergency; and,
WHEREAS, while the City, in response to the Public Health Emergency, has previously provided
funding to the Food Bank for free food distribution programs, through Alaska Housing Finance
Corporation (AHFC) for mortgage and rental assistance, direct funding through Relief and
Recovery grants to local businesses and nonprofits, and a Shop Local program encouraging
shopping at small businesses selling discretionary items, this program is specifically intended to
help impacted residents double the amount of food or necessary household goods they are able
to purchase in Kenai to secure more groceries and necessary household items; and,
WHEREAS, the program may help many of the same individuals assisted by other City programs,
and even some of the same businesses, but will also assist many residents not previously
assisted by the City through its Public Health Emergency response; and,
WHEREAS, the program will be funded up to $200,000 plus an administrative fee and be
administered by the Kenai Chamber of Commerce and Visitor Center, Inc. and will provide
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Ordinance No. 3191-2021
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
vouchers to local participating retail businesses selling groceries and necessary household goods
in increments of $100 up to a total of $200 per resident who self certifies that they have been
financially impacted by COVID-19 and who turns in receipts for groceries or necessary household
goods up to $200 from Kenai retail businesses in the months of March and April; and,
WHEREAS, in 2020, the City distributed CARES Act funds from the Federal Government passed
through the State of Alaska in response to and to aid in the recovery from the COVID-19 Public
Health Emergency and allocated funds to support a number of programs identified to best provide
needed aid; and,
WHEREAS, because initial federal CARES Act guidance required funds to be spent prior to
December 31, 2020, or be returned to the Federal Treasury, some of the CARES Act funds
originally allocated for other purposes but unspent late in 2020 was used by the City just prior to
the deadline as allowed by the Act, for first responder payroll; and,
WHEREAS, these funds remain available in the General Fund if further assistance is necessary
to support residents and businesses that continue to be impacted by the COVID-19 pandemic;
and,
WHEREAS, the funding for this program can be attributed to some of the CARES Act funds the
City had originally allocated to use for direct assistance to businesses, nonprofits, and Kenai
residents; and,
WHEREAS, the City continues to identify a need to provide economic recovery from the COVID-
19 Public Health Emergency, and this program meets an identified need and is in the best
interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the City Manager is authorized to establish a program up to $200,000 to
provide Kenai residents who self-certify that they have been financially impacted by the COVID-
19 Public Health Emergency, vouchers in $100 increments up to $200, to use at local retail
establishments selling groceries or necessary household goods, upon submission of receipts from
similar retail establishments on a dollar for dollar basis.
Section 2. That the City Manager is authorized to execute a professional service agreement
with the Kenai Chamber of Commerce and Visitor Center, Inc. for administration of the program
for a total cost not to exceed $15,000 including up to $10,000 to promote the program and up to
$5,000 for program administrative support.
Section 3. That estimated revenues and appropriation be increased as follows:
General Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $215,000
Increase Appropriations – Non-Departmental
Professional Services $ 15,000
Page 37
Ordinance No. 3191-2021
Page 2 of 3
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Grants to Others 200,000
$215,000
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 17th day of February,
2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________
Introduced: February 3, 2021
Enacted: February 17, 2021
Effective: February 17, 2021
Page 38
MEMORANDUM
TO: Council Members
FROM: Mayor Gabriel
DATE: January 28, 2021
SUBJECT: Ordinance 3191-2021 Grocery and Necessary Household Goods
Ordinance 3191-2021 is intended to help Kenai residents impacted by the COVID-19 Public
Health Emergency stretch their dollars at local grocery retailers for groceries and other necessary
household goods. The program provides residents who self-certify that they have been financially
impacted by the COVID-19 Public Health Emergency up to $200 in vouchers in increments of
$100 at local grocery retailers for residents who spend $100 or $200 at local grocery retailers and
provide receipts. The program is funded at $200,000, which would allow 1,000 residents to
participate if individuals provided $200 in receipts each, and more if some provide $100.
While the funds for this program would come from the General Fund, they can be traced back to
CARES Act funding. Because initial federal CARES Act guidance required funds to be spent prior
to December 31, 2020, or be returned to the Federal Treasury, some of the CARES Act funds
originally allocated for other purposes but unspent late in 2020 were used by the City just prior to
the deadline as allowed by the Act, for first responder payroll. These funds remain available in
the General Fund if further assistance is necessary to support residents and businesses that
continue to be impacted by the COVID-19 pandemic.
While the City has already provided funding to the Food Bank for free food distribution programs,
through Alaska Housing Finance Corporation for mortgage and rental assistance, direct funding
through Relief and Recovery grants to local businesses and nonprofits, and a Shop Local program
encouraging shopping at small businesses selling discretionary items, this program, administered
through the Kenai Chamber of Commerce and Visitor Center directly benefits Kenai residents
impacted by the Public Health Emergency double their money for groceries and necessary
household goods.
Data from the Food Bank, City Water and Sewer Fund, and HEA indicate there is a need for this
program in the community. While the primary effect is to help families and individuals, this program
will have a secondary effect of helping local grocery retailers by encouraging shopping for
groceries and necessary household items in Kenai. The program is designed to be open to all
businesses in Kenai selling groceries that are agreeable to participating in a voucher program
with the City and Chamber to enable residents flexibility in their preferred shopping. In order to
ease administration of the program, receipts and vouchers will not be limited to specific
Page 39
Page 2 of 2
purchases, but instead the participating stores that sell the groceries and necessary household
items.
Your consideration is appreciated.
Page 40
Kenai Grocery and Necessary Household Goods Program
Budget: $200,000
Purpose: To help Kenai residents financially impacted by the COVID-19 Public Health
Emergency double their money for the purchase of groceries and necessary household goods
Dates: March 1 – April 30, 2021
Program Description: Kenai Residents who self-certify that they have been financially
impacted by the COVID-19 Public Health Emergency will receive vouchers in increments of
$100, up to $200, after providing receipts from stores selling groceries and necessary
household goods. Vouchers will be issued on a first-come, first-serve basis, concluding on April
30, or when funds run out. Vouchers must be spent by May 31, 2021. Voucher’s will be issued
to a Kenai store selling groceries and necessary household items of the resident’s choice that
are participating in the program and located in Kenai.
Definitions:
• Stores Selling Grocery and Necessary Household Items include Kenai Walmart, Kenai
Safeway, IGA, Three Bears, and Maggie’s General Store. Financially Impacted by the
COVID-19 Public Health Emergency means, a person has lost income, or experienced
increased personal expenses due to impacts from the COVID-19 public Health
Emergency.
Participant Rules:
• Individuals must submit up to 10 receipts totaling at least $200 via an online form or
bring them into the Kenai Chamber of Commerce and Visitor Center.
• Submitted receipts must be from a store selling grocery and necessary household items
located within the Kenai City limits. The receipts must be accompanied by a self-
certification form certifying that the individual submitting receipts has been financially
impacted by the COVID-19 Public Health Emergency.
• Receipts must be readable. The date, name of the business, and the full total must be
included. Receipts must be dated between March 1, 2021 and April 30, 2021.
• Online orders do not qualify for expenditures.
• After submitting receipts, individuals choose a participating store selling grocery and
necessary household items they would like to receive up to two $100 shopping
voucher(s) from by selecting them from the available list. If there is any problem
validating your receipts, you will be contacted by email and asked to clarify or submit
additional receipts to reach the $100 or $200 increment.
• Vouchers will be mailed to the address provided within two – four business days of
receiving the submitted form or receipts. Individuals may also choose to pick up their
vouchers in person.
Participating Business Rules:
• Voucher merchants must be a store selling groceries and necessary household items
located within the Kenai City limits.
• The business must have been in existence with a valid State of Alaska business license
as of January 1, 2021.
• Must be current in sales tax registration with the Kenai Peninsula Borough and not be
delinquent with the Kenai Peninsula Borough Tax Department.
Page 41
Additional Details:
• Payments for vouchers submitted by participating businesses to the Kenai Chamber of
Commerce and Visitors Center will be made weekly to participating businesses.
• New businesses will be able to sign up on to the program at any time, provided they
meet the criteria.
Page 42
Professional Services Agreement Last Revised January 2014
CITY OF KENAI
AGREEMENT BETWEEN OWNER AND SERVICE PROVIDER
FOR KENAI GROCERY AND Necessary household goods PROGRAM TO BENEFIT
KENAI RESIDENTS
MADE AS OF THE ______ DAY OF _______________________ 2021.
BETWEEN the OWNER: CITY OF KENAI
210 Fidalgo Avenue
Kenai, Alaska 99611
AND the SERVICE PROVIDER: Kenai Chamber of Commerce and Visitor Center, Inc.
11471 Kenai Spur Highway
Kenai, AK 99611
FOR the PROJECT: Grocery and Necessary Household Goods Voucher Program
The Owner and Service Provider agree as set forth below.
ARTICLE 1
THE WORK
The Service Provider shall perform all the work described in the Grocery and Necessary Household Goods
Program as Attachment "A" hereto, including but not limited to:
1. Basic Services, as described in the Program Description.
ARTICLE 2
TIME OF COMMENCEMENT AND COMPLETION
The Service Provider’s performance of services required by this AGREEMENT shall commence on March
1, 2021 (date) and terminate on April 30, 2021.
ARTICLE 3
COMPENSATION
The Owner shall compensate the Service Provider for actual administrative as follows:
Administrative Costs not to exceed $15,000 including up to $10,000 to promote the program and up to
$5,000 for program administration and support.
And fund the program through the Service Provider for up to $200,000
ARTICLE 4
Page 43
Professional Services Agreement Last Revised January 2014
ENUMERATION OF CONTRACT DOCUMENTS
The documents which are specifically incorporated into this AGREEMENT by reference and form the
contract documents are listed below. Should any provision or requirement of one portion of the contract
documents conflict with any other portion of the contract documents, unless otherwise provided herein, the
conflict will be resolved by reference to the contract documents in the following order of priority:
A. Any and all later modifications, Change Orders, and written interpretations of the Contract
Documents issued by the Owner
B. This AGREEMENT
Any other attachments to this AGREEMENT do not form a part of the AGREEMENT but are for reference
or proof of compliance with the requirements of the AGREEMENT, except where the provisions of this
AGREEMENT provide such attachments will be or are a part of the AGREEMENT.
These form the contract and what is required by any of the documents shall be as binding as if required by
all. The intention of the contract documents is to require the furnishing of all labor, material, equipment, and
other items necessary for the proper execution and completion of the program and to prescribe the terms
and conditions of the contract and payment, so as to include work and materials which may be necessary
to produce the intended results.
ARTICLE 5
INSURANCE
A. Service Provider shall, at Service Provider’s own expense, secure and maintain the following insurance:
i. comprehensive general liability insurance, including premises, all operations, property
damage, personal injury and death, broad-form contractual coverage with a per
occurrence lim it of not less than $1,000,000 combined single limit;
ii. worker's compensation insurance with coverage for all employees engaged in work under
this Agreement as required by AS 23.30.045 (Service Provider is responsible for worker's
compensation insurance for any subService Provider who directly or indirectly provides
services under the Agreement); and,
iii. comprehensive automobile liability insurance covering all owned, hired, and non-owned
vehicles with coverage limits not less than $1,000,000 combined single limit per
occurrence.
Where specific limits are stated, the limits are the minimum acceptable limits. If Service Provider’s
insurance policy contains higher limits, Owner is entitled to coverage to the extent of the higher limits.
B. All insurance required by this Section shall meet the following additional requirements:
i. for comprehensive general liability and automobile liability insurance, name the City of
Kenai as an additional insured;
ii. for worker’s compensation insurance, general liability, and automobile liability insurance,
where possible, include a waiver of subrogation so that the insurer waives all rights of
subrogation against the City of Kenai for payments made under the policy;
iii. provide Owner with at least 30 days’ notice before any termination, cancellation,
or material change in insurance coverage is effective; and,
Page 44
Professional Services Agreement Last Revised January 2014
iv. be issued by a company/corporation currently rated “A-” or better by A.M. Best.
C. Service Provider shall submit to Owner proof of insurance coverage in the form of
insurance policies, certificates, endorsements, or a combination thereof, and signed by a person authorized
by the insurer to bind coverage on its behalf. The effective date of the insurance will be no later than the
first day of the term of this Agreement.
D. The indemnification and insurance coverage requirements stated in this Section and in
Section 6 below do not relieve Service Provider of any other obligation under this Agreement.
Owner may increase the amount or revise the type of required insurance upon written demand without
requiring amendments to this Agreement. Owner will base any increase or revision upon reasonable and
justifiable grounds. Within two weeks of the written demand, Service Provider shall submit to Owner
evidence of insurance coverage that meets the requirements of Owner.
ARTICLE 6
Indemnity, Defend, and Hold Harmless
Service Provider shall indemnify, defend, and hold harmless Owner and its agents, employees, and/or
insurers from claim, loss, damage, liability, including injury and death or expense in any way related to any
act or omission of Service Provider or Service Provider’s employees, agents, or invitees arising out of
Service Provider’s performance of services under this Agreement, except to the extent any negligence of
Owner or its employees or agents is a proximate cause of any injury or damage. If a third party asserts a
claim against Service Provider and Owner, Service Provider and Owner shall seek in good faith to achieve
Agreement to an apportionment of fault as between them without an independent of litigation. This
provision shall survive expiration or termination of this Agreement.
ARTICLE 7
All legal notices relating to this contract, including change of address, shall be mailed to the Owner and the
Service Provider at the following addresses:
OWNER SERVICE PROVIDER
City of Kenai Kenai Chamber of Commerce
210 Fidalgo Ave and Visitor Center, Inc.
Kenai, Alaska 99611 11471 Kenai Spur Highway
Kenai, Alaska 99611
ARTICLE 8
EXTENT OF AGREEMENT
This AGREEMENT represents the entire and integrated AGREEMENT between the Owner and the Service
Provider, and supersedes all prior, inconsistent negotiations, representations, or AGREEMENTS, either
written or oral. This AGREEMENT may be amended only by written instrument signed by both Owner and
Service Provider.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective
names by their duly authorized representatives as of the date and year above written.
ARTICLE 9
ATTACHMENTS
Page 45
Professional Services Agreement Last Revised January 2014
In the event there is any difference between an attachment to the original of this AGREEMENT on file with
the City of Kenai and any attachment to a duplicate original of the AGREEMENT, the attachments to the
original filed with the City shall control.
ARTICLE 10
JURISDICTION: CHOICE OF LAW
This contract shall be governed by the laws of the State of Alaska, and any lawsuit brought thereon shall
be filed in the Third Judicial District at Kenai, Alaska.
OWNER and SERVICE PROVIDER each binds themselves, their partners, successors, assigns and legal
representatives in respect to all covenants, AGREEMENTs and obligations contained in the Contract
Documents.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in their respective
names or by their duly authorized representatives as of the date and year above written.
OWNER:
CITY OF KENAI
By: __________________________
Paul Ostrander
City Manager
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on
this ____ day of __________, 2021.
Paul Ostrander, City Manager,
City of Kenai, Alaska, being personally known to
me or having produced satisfactory evidence of
identification, appeared before me and
acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf
of said City.
______________________________
NOTARY PUBLIC FOR ALASKA
My Commission Expires: _________
Approved by Legal: _________
Approved by Finance: _________
SERVICE PROVIDER:
By: __________________________
Name: _______________________
Title: ________________________
STATE OF ALASKA )
)ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on
this ____ day of __________, 2021.
____________________________,(title)
_________________________of
______________________ being personally
known to me or having produced satisfactory
evidence of identification, appeared before me
and acknowledged the voluntary and authorized
execution of the foregoing instrument on behalf
of said corporation.
______________________________
NOTARY PUBLIC FOR ALASKA
My Commission Expires: _________
Page 46
GROCERY AND NECESSARY HOUSEHOLD GOODS VOUCHER PROGRAM
Name:
Physical Address:
City: Kenai State: AK Zip: 99611
Optional Mailing Address:
If you would like vouchers mailed to you
City: State: AK Zip:
Phone: Email:
Optional Optional
Have your personal finances been impacted by the COVID-19 public health emergency?
☐ Yes ☐ No
(Impacts could include, but are not limited to, loss of income from wages, loss of work or increased
household expenses (purchases of personal protective equipment, at home school supplies, etc.)
Signature Date
Page 47
MEMORANDUM
TO: Council Members
FROM: Mayor Gabriel
DATE: February 11, 2021
SUBJECT: Ordinance 3191 - 2021
After further communications with the Kenai Chamber related to this program, the Chamber has
indicated it needs more funding to administer the program and less to advertise. The Chamber
has proposed $10,000 to run the program, and $5,000 to promote the program. This appears
reasonable given the program design. The following amendments are required:
Amend Section 2. Of the Ordinance to read:
Section 2. That the City Manager is authorized to execute a professional service agreement
with the Kenai Chamber of Commerce and Visitor Center, Inc. for administration of the program
for a total cost not to exceed $15,000 including up to $5,000 to promote the program and up to
$10,000 for program administrative support.
Amend the Agreement with the Chamber by Amending Article 3 to read:
ARTICLE 3
COMPENSATION
The Owner shall compensate the Service Provider for actual administrative as follows:
Administrative Costs not to exceed $15,000 including up to $5,000 to promote the program and
up to $10,000 for program administration and support.
And fund the program through the Service Provider for up to $200,000
Your consideration is appreciated.
Page 48
Page 49
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021-08
A RESOLUTION OF THE CITY OF KENAI, ALASKA, AWARDING A PROFESSIONAL
SERVICES CONTRACT AT THE KENAI MUNICIPAL AIRPORT FOR AIRPORT SECURITY
GUARD SERVICES.
WHEREAS, on December 31, 2020, the City advertised for Airport Security Guard Services for
the initial term of March 1, 2021, through February 29, 2024; and,
WHEREAS, three responsive proposals were received on February 2, 2021, and evaluated based
on responsiveness, experience, capability, references, and price per hour; and,
WHEREAS, the summary of proposal points received from the three evaluators was as follows:
Guardian Security Services, Inc. 285
Phoenix Protective Corp 253
Rael Security 245
; and,
WHEREAS, Guardian Security Services, Inc. is the successful Proposer receiving the highest
points overall for the Airport Security Guard Services Contract; and,
WHEREAS, the City Administration has determined that award to this Proposer will be in the best
interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. That the City Manager is authorized to execute a contract to Guardian Security
Services, Inc. for Security Guard Services at the Kenai Municipal Airport in the amount of
$60,060.75 annually for the initial period of March 1, 2021, and ending February 29, 2024. The
City Manager is further authorized to execute two one-year extensions upon mutual agreement
of the City and contractor.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 2021.
_________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 50
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: March 31, 2020
SUBJECT: Resolution 2021-08 Awarding an Airport Security Services Contract
On December 31, 2020, the City started advertising in the Peninsula Clarion and the Anchorage
Daily News for Request for Proposals (RFP) for the security guard contract at the Airport. The
current security contract expires on February 28, 2021.
A mandatory pre-proposal meeting was held on Wednesday, January 13, 2021, and was attended
by three potential proposers. Three proposals were received by the February 2, 2021, deadline.
Airport Administration and the Public Works Director evaluated and ranked the proposers on
responsiveness, experience, capability, references, and the price per hour:
Guardian Security Services, Inc. 285
Phoenix Protective Group 253
Rael Security 245
Guardian Security Services, Inc. was the successful proposer with the highest number of points.
Guardian Security Services, Inc. currently provides the security services, and the Airport is
satisfied with their performance.
Airport Commission reviewed the request at the February 11, 2021 Commission meeting and
recommends Council approval.
Thank you for your consideration.
Page 51
_____________________________________________________________________________________
Sponsored by: Administration
CITY OF KENAI
RESOLUTION NO. 2021 - 09
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, with an expiration date of September 15, 2020; and,
WHEREAS, on September 2, 2020, the City Council passed Resolution 2020-73, again extending
the Disaster Emergency Declaration to December 31, 2020; and,
WHEREAS, on December 16, 2020, the City Council passed Resolution 2020-96, again
extending the Disaster Emergency Declaration to January 31, 2021; and,
WHEREAS, on January 20, 2021, the City Council passed Resolution 2021-02, again extending
the Disaster Emergency Declaration to February 28, 2021; 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 canceled 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 the COVID-19 vaccine is limited at this time and it
is not yet known when it will become widely available, and impacts from restrictions imposed to
reduce transmission will impact the City through the winter; and,
WHEREAS, it is in the best interest of the City to further extend the Disaster Emergency
Declaration emergency issued by the City Manager for 31 days, until March 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Page 52
Resolution No. 2021-09
Page 2 of 2
_____________________________________________________________________________________
Section 1. That the City Council of the City of Kenai further extends, until March 31, 2021, 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 public health emergency, to provide individual assistance for
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 17th day of February, 2021.
__________________________________
BRIAN GABRIEL, SR., MAYOR
ATTEST:
______________________________________
Jamie Heinz, CMC, City Clerk
Page 53
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Paul Ostrander, City Manager
DATE: February 9, 2021
SUBJECT: Resolution 2021-09 – Extending the Disaster Emergency Declaration
The Disaster Emergency Declaration issued on March 18, 2020, and extended by the City
Council, is set to expire on February 28, 2021. Based on the continued impact of the COVID-19
public health emergency, an extension until March 31, 2021 is warranted.
Extending the emergency declaration will extend:
1. Temporary leave to employees to address COVID-19 related illness, emergency closures
of facilities, and transmission reduction.
2. City Moratorium on penalty and interest for water and sewer accounts.
3. City Moratorium on water and sewer disconnect for non-payment.
An extension of the Disaster Emergency Declaration will also allow the Mayor or other current
Presiding Officer authority to waive certain provisions of Code related to scheduling,
teleconference participation, public participation, and other related provisions of code related to
meetings of the Council and other advisory and adjudicatory bodies, if deemed necessary.
An extension will additionally provide to the City Manager the authority to take emergency actions
that may be necessary to protect critical functions of the City and protect the health and safety of
City employees and the public.
As Administration looks toward the recovery aspect of this public health emergency, we look
forward to taking actions to resume regular operations and services and support the restoration
of businesses and the community while balancing the need to return to normalcy with the health
and safety of City employees and the public.
Your consideration is appreciated.
Page 54
City of Kenai Council Meeting Page 1 of 19
January 20, 2021
KENAI CITY COUNCIL – REGULAR MEETING
JANUARY 20, 2021 – 6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR BRIAN GABRIEL, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on January 20, 2021, 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 Teea Winger
Jim Glendening Glenese Pettey
Victoria Askin
A quorum was present.
Also in attendance were:
Paul Ostrander, City Manager
Scott Bloom, City Attorney
Terry Eubank, Finance Director
Scott Curtin, Public Works Director
Jamie Heinz, City Clerk
Meghan Thibodeau, Deputy Clerk
3. Agenda Approval
Mayor Gabriel noted the following revisions to the agenda and packet:
Add to item D.1. Ordinance No. 3177-2021
• Memo for Substitute Ordinance 3177-2021
• Public Comments
• Letter from Representative Ron Gillham
• Letter from Assembly Member Derkevorkian
Add to item D.5. Resolution No. 2021-03
• Kenai Peninsula Borough Memos
Page 55
City of Kenai Council Meeting Page 2 of 19
January 20, 2021
MOTION:
Vice Mayor Molloy MOVED to approve the agenda with the requested additions and requested
UNANIMOUS CONSENT. Council Member Askin SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT; and Council Member Glendening 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
1. Dr. Kristin Mitchell - COVID-19 Vaccine Update and Q & A.
Dr. Kristen Mitchell opened with a short video entitled “The COVIDarod,” and described her
experience when she received the vaccine. She explained how the vaccine’s accelerated
development was the successful result of the federal initiative known as Operation Warp Speed.
Her presentation provided an overview of what vaccines do and varying approaches for designing
vaccines. She described the mechanics of how the COVID-19 vaccine uses mRNA to combat the
virus, explained what ingredients are in vaccine, and showed the results of studies on its
effectiveness. Data on case rates was provided which compared numbers in the US to those of
other countries, as well as rates in Alaska and on the Kenai Peninsula. She discussed what we
can do to reduce transmission, including vaccination, social distancing, wearing masks and
washing hands. Information was provided on how to sign up for vaccination, and data was shown
on Alaska’s rate of vaccination in our population as compared to other states. Addressed common
questions, concerns and misunderstandings about COVID-19 and vaccines. New COVID-19
variants were briefly discussed, along with the current understanding of the vaccine’s effectiveness
against these variants.
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January 20, 2021
2. Joy Merriner, BDO USA, LLP - Presentation of the FY2020 City of Kenai
Comprehensive Annual Financial Report, Federal and State Single Audit Reports,
and Audit Wrap Up.
Joy Merriner reported on the FY20 Audit Wrap-up document, the Single Audit Report, and the
Comprehensive Annual Financial Report (CAFR) noting her firm, BDO, Inc., issued unmodified,
clean opinions, meaning the City followed the adopted standards for governmental agencies.
Noted that COVID-19 and CARES Act funds changed the financial statements, but there were no
other significant accounting changes. There were not any adjustments or journal entries that
needed to be corrected, and noted our financial team does an excellent job managing internal
controls to make sure things are done right and documented correctly.
It was noted that CARES Act funds were audited along with the rest of the City’s finances, noting
that the federal government did not issue the compliance supplement until December 23, 2020
which delayed the final audit reporting until January.
C. UNSCHEDULED PUBLIC COMMENTS
Katie Uei requested information on how much CARES Act funds had been received by the City,
and wanted to know if she could ask questions for Dr. Kristen Mitchell and Joy Merriner. It was
clarified that Public Comments is for public testimony on topics which are not included in the
agenda, and not for audience Q & A with the Council or other members of the public who presented
their Public Comment. It was clarified that the City Manager would be providing overview of
CARES Acts funds later in the meeting during staff reports. She expressed her frustration about
a perceived lack of transparency and with the Council for including Dr. Mitchell’s and Joy Mariner’s
presentations in the meeting without allowing a Q & A with the public. She stated that she felt it
was inappropriate for the City to use CARES Act funds to pay for doctors that she did not want to
listen to, noting that COVID-19 education is inappropriate and violates freedoms.
Steve Carlson stated that he shared Katie Uei’s beliefs, and questioned whether the video in Dr.
Kristin Mitchell’s presentation had been paid for by the City. He explained he felt her presentation
was grossly inadequate, because she did not include information on other solutions to COVID-19
beyond vaccination, social distancing and masks. The stated that he felt it was criminal to not
include information about how to boost one’s immune system against viruses using UV light and
zinc supplements. He stated that he felt as though people should not fear the COVID-19 virus,
because it is a campaign started by pharmaceutical companies.
Shekina Edmonds stated that she came to talk about Substitute Ordinance 3177-2021. It was
clarified that Public Comments is for public testimony on topics which are not included in the
agenda, and she would have an opportunity to talk about this during Public Hearings.
There being no one wishing to be heard, the public comment period was closed.
Clarification was provided that speakers who present during Public Comments are not paid to do
so, and that Dr. Mitchell and Joy Merriner volunteered to speak by contacting the Clerk’s office
and any member of the public may do the same.
D. PUBLIC HEARINGS
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City of Kenai Council Meeting Page 4 of 19
January 20, 2021
1. Ordinance No. 3177-2021 - Authorizing a Shop Local Economic Stimulus Program
to Benefit Kenai Small Businesses and Award of a Professional Services Agreement
to the Kenai Chamber of Commerce and Visitor Center for Administration of the
Program.
• Substitute Ordinance No. 3177-2021 - Authorizing a Shop Local Economic
Stimulus Program to Benefit Kenai Small Businesses And Residents And Award
of a Professional Services Agreement to the Kenai Chamber of Commerce and
Visitor Center for Administration of the Program.
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3177-2021 and Council Member Pettey
SECONDED the motion.
Mayor Gabriel opened the floor for public comment.
Duane Bannock thanked the Council for providing CARES Act funding to local businesses. He
stated that he supports Substitute Ordinance No. 3177-2021, and explained the three main points
for his argument: 1. It would create a positive for City of Kenai; 2. Unlike Soldotna, nearly all taxable
sales would qualify for this program, and would not be a value test on what is discretionary vs.
non-discretionary; 3. This program benefits our friends and neighbors, as well as people outside
the City.
Shekina Edmonds, owner of several vacations rentals in Soldotna, stated that she was excited for
Substitute Ordinance No. 3177-2021 because it would jump-start local businesses. Said that she
enjoys helping to direct travelers to local small businesses, but this last year was at a loss because
many indoor businesses were closed or had hours reduced. She stated that the City should do
everything they can to support these small businesses, as they are what provide diversity for
visitors and the local community.
Vanessa Uei, owner of AK Wellness and Tanning, stated her support for Substitute Ordinance No.
3177-2021. She stated a lot of businesses have suffered from COVID-19, and believes the
Substitute will bring businesses more customers, bring more people to Kenai, help locals who are
struggling, bring in more tax money, and be good for the economy. She noted that her businesses
had received CARES Act grants, and shared the difficulties they experienced while it was closed
due to COVID-19 restrictions.
Katherine Uei stated her support for Substitute Ordinance No. 3177-2021. She explained that
many people have fallen on hard times in the past year, and cannot afford $400 to spend on the
program, and the proposed tiers would help so lower-income families can participate. She noted
that small businesses have also suffered greatly, having to close or lose business due to COVID-
19 restrictions. She stated that the City should help support the businesses with the money
proposed in the Substitute, and doing so would truly make Kenai great again. It was clarified that
the proposal in the original Ordinance was for $200, not $400.
Alicia Marlowe, owner of Accents at Northwood Plaza, expressed that she loves being part of the
Kenai small business community, noting that it is small Mom and Pop business that lend
personality and warmth to the community and bring in out-of-town visitors. She stated that an
incentive like this makes her feel like she made the right decision in building a business in Kenai.
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City of Kenai Council Meeting Page 5 of 19
January 20, 2021
Jeanie Carter, owner of Ye Olde Curiosity Shoppe, stated that she came to support Substitute
Ordinance No. 3177-2021 after hearing Council Member Winger speak about it on the radio. She
described what her business is, and expressed gratitude for this proposed program and for the
CARES Act funding she received from the City.
Jim Duffield, owner of JNJ Tax Relief, thanked Council Member Winger for her proposed
Substitute, and said he would like to see even more money go towards the program. He requested
further explanation on the status of the general fund that was explained by Joy Merriner’s
presentation. It was clarified that Public Comments is not for audience Q & A with the Council or
other members of the public who presented their Public Comment. He noted that many of his
business clients have been shut down during the previous year. He suggested making the
program $4 million, raising the $400 limit proposed in the Substitute to $1000, and excluding the
big box stores in town.
Ryan Tunseth stated that he would like to see more money put into the program than what was
originally proposed, but less than the $1 million proposed in the Substitute. Would like to see the
money going where it is needed most in the community, and expressed concern that businesses
who are not suffering as badly could be the greatest beneficiaries. Noted that there are many
projects in the community that would benefit from this funding as well, such as new siding for the
Ice Rink, lights on the ski trails, a park in Millennium Square, resources for business opportunities
on the bluff, storefront and sign repairs, drive-through installation, and other incentives to expand
businesses.
Steve Carlson stated that small business have had enough of being told which business are
categorized as essential and allowed to remain open while others must close, noting that corporate
big box stores are the only businesses that are allowed to be open and they should not be included
in the program. He suggested that the City should put up ads in Anchorage encouraging people
to travel to Kenai to participate in the program, and suggested repeating the program in multiple
phases. He also expressed interest in seeing the funds go towards other business incentives such
as storefront improvement. It was clarified that in the original proposal, eligible businesses could
not be a national chain or a C corporation traded on the U.S. stock exchange.
Holly Ward stated her support for Substitute Ordinance No. 3177-2021. She explained that many
businesses are struggling, including one business she knows that can’t pay to get their heat turned
on, and this would be very beneficial for them. Stated that small business is the backbone of the
community, and supporting these businesses means supporting families, children, friends and
family who will give back to the community what they receive. Clarification was provided that help
for this struggling business with no heat could be offered, and they were encouraged to contact
the Council for assistance.
Michelle Hartline, a resident of Nikiski, stated her support for Substitute Ordinance No. 3177-2021.
Referring to the business discussed by Holly Ward, she suggested that the funds be used towards
helping businesses pay their utility bills. She thanked the Council for putting the money back into
the community.
Matt Morse, Kenai Peninsula School Board Member, stated his support for Substitute Ordinance
No. 3177-2021. He explained that small businesses need help right now, and mentioned that
many businesses had closed recently in Anchorage and he would hate to see that happen here.
He noted that Borough sales tax numbers were down, indicating how business is down.
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City of Kenai Council Meeting Page 6 of 19
January 20, 2021
Annalea Lott thanked the Council for providing CARES Act funding to local businesses. She stated
her support for Substitute Ordinance No. 3177-2021, noting that she was envious of Soldotna for
their Shop Local program, and excited to see one be implemented in Kenai.
Christine Hutchison thanked the Council for not implementing the same COVID-19 restrictions to
businesses in Kenai as had been implemented in Anchorage. Expressed her belief that this is a
great opportunity for the City to support small businesses without picking winners and losers
among them, and leaving it to individuals in the community to do so. She stated that she looks
forward to the program coming to fruition.
There being no one else wishing to be heard, the public comment period was closed.
City Manager Ostrander provided an overview of how the City has administered CARES Act
funding to date, including how much funding was received, how it was expended, and how some
funds were reallocated depending on need. He explained the stated purpose of the funds as given
by the State of Alaska, and how the City of Kenai had identified small business as a high priority
from the beginning. Clarification was provided that, although Kenai Peninsula Borough sales tax
numbers are down, the City has seen an increase in sales tax. He described other small business
initiative programs that the City is currently developing, including a storefront improvement
program, property tax incentives for new or existing businesses, and the “The Second One is On
Us” which specifically targets tourism-related businesses.
Clarification on the status of the City’s general fund was provided to address questions raised
during Public Comment, explaining that the general fund balance at the end of the year was not
left over CARES Act funding.
Further information was provided regarding how much CARES Act funds businesses received as
compared to non-profit organizations, and how businesses needed to reside within city limits to
receive CARES funding from the City, and non-profits who were located outside of city limits were
still eligible. It was noted that non-profits are still businesses which will spend their CARES Act
funding locally and put money back into the community.
MOTION TO AMEND BY SUBSTITUTE:
Council Member Winger MOVED to amend Ordinance No. 3177-2021 by substitute and Council
Member Glendening SECONDED the motion.
Clarification was provided on how the Substitute was developed with the intention that no
businesses be excluded, and that it would send a clear message that we are marketing the City of
Kenai for new businesses and families.
Discussion on Substitute Ordinance 3177-2021 included:
• Puts all of our eggs in one basket, and it would be preferable to amend the program and
add additional funds in future Council meetings as opposed to starting off with a higher
amount;
• Devalues the incentive to spend by changing the ratio of contribution from 2:1 to 1:1,
minimizing the leverage of the program;
• May not support the truly vulnerable businesses, as much of the money from this program
could go towards grocery stores which are not hurting as badly as other small businesses;
• Many people want groceries included in the program, as food security is an issue in Kenai;
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City of Kenai Council Meeting Page 7 of 19
January 20, 2021
• Excluding groceries would exclude IGA and Three Bears, which are small businesses that
have been impacted by the pandemic;
• Excluding groceries means the City is picking winners and losers among businesses;
• Paying taxes as a business to the City of Kenai should be the only factor in determining
whether you can be included in the program;
• Proposed storefront improvement program would not help businesses that rent their
location, and should not be prioritized ahead of the Shop Local program;
• When the City first received CARES funding, the data on small businesses/nonprofits was
analyzed to determine allocation. However, the allocation for small businesses/nonprofits
needed to be altered after this to be equitable to the Kenai Peninsula Borough in order for
Kenai’s businesses to receive additional CARES funding from the Borough. This resulted
in some funds that were previously allocated to small businesses/nonprofits be moved to
the general fund, which is not a “slush fund,” and is fully transparent to the public;
• There may be other ways these funds can be used that will benefit small businesses, but
not if all the funds are used right now on this one program;
• Substitute is very inclusive, and gives people a finite time to utilize it. What behooves us
now is to get money into the hands of the people, and afterwards have a discussion about
the success of the program and how it could affect the next budget cycle;
• Further explanation of the CARES funds that were moved to the general fund clarified that
it also included unexpended funds originally allocated for commercial fishermen and mental
health counselling;
• It is difficult to assess this early in the budget season how the program or Substitute might
affect the budget preparation;
• It should be questioned whether Capital Improvement Projects like bike paths and ski trails
should be prioritized instead of giving money directly to small businesses;
• A Shop Local incentive will stimulate the local economy to a greater degree that providing
rental relief to residents, especially if the program included groceries.
VOTE ON THE SUBSTITUTE:
YEA: Winger, Glendening
NAY: Gabriel, Knackstedt, Molloy, Pettey, Askin
MOTION FAILED.
MOTION TO AMEND:
Council Member Knackstedt MOVED that the Council direct administration to work with the Kenai
Chamber of Commerce to add a tier of eligibility to the Shop Here All Year program to allow
participants to spend $100 on allowable discretionary purchases and be eligible to receive a $50
voucher. Vice Mayor Molloy SECONDED the motion.
UNANIMOUS CONSENT was requested and OBJECTED to.
It was noted that this would recognize families with less money to spend on discretionary goods,
and allow them to participate in the program if they did not have $200 to spend.
VOTE ON THE AMENDMENT:
YEA: Knackstedt, Molloy, Glendening, Pettey, Askin, Gabriel
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January 20, 2021
NAY: Winger
MOTION PASSED.
MOTION TO AMEND:
Council Member Knackstedt MOVED to add $100,000 to the program by amending Ordinance
3177-2021 as follows: under Section 1 change $100,000 to $200,000; under Section 3 increase
the appropriation of fund balance from $115,000 to $215,000, increases the grants to others from
$100,000 to $200,000 and increases the total appropriation from $115,000 to $215,000. Vice
Mayor Molloy SECONDED the motion.
Clarification was provided that increasing the amount would not increase the administrative fee,
as long as the period remained one month.
It was noted that it is prudent to raise the amount of the program after listening to the wishes of the
public and small business owners, and that there is the possibility of the program being funded
further after analyzing the data on the success of this program.
MOTION TO AMEND THE AMENDMENT:
Council Member Askin MOVED to raise the total allocation to $350,000, with $335,000 going
towards the program and $15,000 for administration fees. Council Member Glendening
SECONDED the motion.
It was noted that the City of Soldotna had contributed approximately $280,000 to their shop local
program that they initiated in 2020.
Clarification was provided that if the Chamber of Commerce requires an increase in administrative
fees for the program over $15,000, the City will bring it back to Council to request additional
funding.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Molloy, Pettey, Askin, Gabriel, Knackstedt
NAY: Winger, Glendening
MOTION PASSED.
VOTE ON THE AMENDED AMENDMENT:
YEA: Glendening, Pettey, Askin, Gabriel, Knackstedt, Molloy
NAY: Winger
MOTION PASSED.
MOTION TO AMEND:
Council Member Winger MOVED to amend Attachment A as follows: adding groceries and taxable
goods & services to discretionary purchases; removing groceries from non-discretionary
purchases. Vice Mayor Molloy SECONDED the motion.
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City of Kenai Council Meeting Page 9 of 19
January 20, 2021
The issue was raised that including grocery purchases would allow large grocery stores such as
Safeway and Three Bears whose corporate base is located outside of Kenai. It is clarified that,
while national chains or C Corporations traded in the U.S. stock exchange were prohibited from
participating as voucher-accepting businesses, their receipts could be included in the program.
The inclusion of “all taxable goods & services” in discretionary purchases would also necessitate
further changes in the list of discretionary items, such as vehicles and fuel. It is noted that the
Kenai locations of Three Bears and IGA/Country Foods are locally owned and operated franchises,
and excluding them from the program could jeopardize the City’s relationships with these
businesses. Discussion also included how it would be preferable to include Maggie’s General
Store, a small locally owned business.
The motion to amend was withdrawn.
MOTION TO AMEND:
Council Member Winger MOVED to amend Attachment A as follows: adding groceries and goods
& services taxable by Kenai City sales tax to discretionary purchases; removing groceries from
non-discretionary purchases; and the second bullet point under Participant Rules would read
“submitted receipts must be from a business located within the Kenai city limits that are not a
national chain or a C Corporation traded on the U.S. stock exchange. Individually-owned and
operated local franchises are eligible.” Council Member Glendening SECONDED the motion.
The issue was raised that the inclusion of goods & services taxable by Kenai City sales tax to
discretionary purchases created a conflict with the list of non-discretionary items, some of which
are taxable goods and services.
The motion to amend was withdrawn.
MOTION TO AMEND :
Council Member Winger MOVED to amend Attachment A as follows: adding groceries to
discretionary purchases; removing groceries from non-discretionary purchases; the second bullet
point under Participant Rules would read “submitted receipts must be from a business located
within the Kenai city limits that are not a national chain or a C Corporation traded on the U.S. stock
exchange. Individually-owned and operated local franchises are eligible.” Council Member
Glendening SECONDED the motion.
It was discussed how it is likely that most people would use this program for groceries, when the
intent of the program was to steer customers towards other struggling small businesses. It was
also noted that the contract can be amended at a later date to include groceries, once Council has
evaluated the success of the program. It was also pointed out that the City has a relationship with
Country Foods IGA, whose business has been impacted.
VOTE ON THE AMENDMENT:
YEA: Askin, Molloy, Winger, Glendening
NAY: Pettey, Gabriel, Knackstedt
MOTION PASSED.
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City of Kenai Council Meeting Page 10 of 19
January 20, 2021
MOTION:
Council Member Knackstedt MOVED to request Administration to provide a report during the
Council Meeting on February 17, 2021 of the progress of, and forecast for, this program’s success.
Vice Mayor Molloy SECONDED the motion. UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
MOTION TO AMEND :
Council Member Knackstedt MOVED to change the wording of the first bullet point on Attachment
A to read: “Individuals must submit up to 10 receipts.” Vice Mayor Molloy SECONDED the motion.
UNANIMOUS CONSENT was requested.
Clarification was provided by Administration that this would not create any legal changes.
MOTION TO AMEND THE AMENDMENT:
Council Member Pettey MOVED to change “Individual” to “Household” in the first bullet point on
Attachment A. Council Member Knackstedt SECONDED the motion.
Discussion involved clarification on how “Household” would be defined between unrelated
individuals residing in the same location, and it was noted that Soldotna had changed their
proposal from Household participation to Individual participation to prevent this confusion.
The motion to amend the amendment was withdrawn.
Clarification that there is no significant legal differentiation between the words “Participant” and
“Individuals.”
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
Clarification was provided that, as reports on the program were provided at upcoming Council
meetings, the program can be extended if the Council decides. Concerns were expressed that if
marketing materials are printed, an extension of the program would render these materials
inaccurate and create more marketing expenses, and would require an amendment to the contract
with the Kenai Chamber of Commerce.
The inclusion of two large grocery stores in the program as amended was discussed. It was noted
that the taxable sales of these businesses dwarf those of other struggling small businesses in the
city, and concerns were raised that adding these large stores meant that a significant portion of
this program’s funds would go to these two businesses, thereby dilute the amount of funds going
towards the small businesses the program intended to target.
MOTION TO RECONSIDER THE AMENDMENT:
Vice Mayor Molloy MOVED to reconsider the amendment to amend Attachment A as follows:
adding groceries to discretionary purchases; removing groceries from non-discretionary
purchases; the second bullet point under Participant Rules would read “submitted receipts must
be from a business located within the Kenai city limits that are not a national chain or a C
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City of Kenai Council Meeting Page 11 of 19
January 20, 2021
Corporation traded on the U.S. stock exchange. Individually-owned and operated local franchises
are eligible.” Council Member Knackstedt SECONDED the motion.
VOTE ON RECONSIDERATION:
YEA: Askin, Gabriel, Knackstedt, Molloy, Pettey,
NAY: Winger, Glendening,
MOTION PASSED.
MOTION TO AMEND THE AMENDMENT:
Council Member Askin MOVED to add under Participating Business Rules “Voucher merchants
must be located within the Kenai city limits, grocery stores with annual gross sales in excess of
$500,000 is excluded.” Council Member Pettey SECONDED the motion.
It was noted that the intention of this amendment to the amendment would allow Maggie’s General
Store, a small local business, to participate in the voucher program, while excluding larger grocery
stores.
UNANIMOUS CONSENT was requested and OBJECTED to.
VOTE ON THE AMENDMENT TO THE AMENDMENT:
YEA: Pettey, Askin,
NAY: Gabriel, Knackstedt, Molloy, Winger, Glendening
MOTION FAILED.
VOTE ON THE AMENDMENT:
YEA: Winger, Glendening
NAY: Knackstedt, Molloy, Pettey, Askin, Gabriel
MOTION FAILED.
MOTION TO AMEND:
Council Member Glendening MOVED to extend the concluding date of the program from March 1,
2021 to April 1, 2021, and to extend the voucher redemption deadline from March 30, 2021 to April
30, 2021. Council Member Winger SECONDED the motion.
It was noted that extending the program means extending the contract with the Chamber of
Commerce, increasing the amount of administrative fees. It was also noted that extension would
allow the program to capitalize on federal tax returns and potential future stimulus checks.
Clarification was provided that if the program was extended at a later Council meeting, it would
require an additional legislation be brought before Council to appropriate more funds.
VOTE ON THE AMENDMENT:
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YEA: Molloy, Winger, Glendening, Pettey, Askin, Gabriel, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Glendening, Pettey, Askin, Gabriel, Knackstedt, Molloy
NAY: Winger
MOTION PASSED.
2. Ordinance No. 3178-2021 - Accepting and Appropriating a COVID Cares Act for
Older Adults and Their Caregivers 2021 Grant Passed Through the State of Alaska
for Kenai Senior Center Expenditures in Support of its Response to the COVID-19
Public Health Emergency.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3178-2021 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.
VOTE:
YEA: Glendening, Pettey, Askin, Gabriel, Knackstedt, Molloy, Winger
NAY:
MOTION PASSED UNANIMOUSLY.
3. Resolution No. 2021-01 - Approving Amendments to the Kenai Community Library
Policies to Adopt Rules Regarding the Lending of Various Electronic Devices and to
Make Housekeeping Changes.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-01. Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
4. Resolution No. 2021-02 - Further Extending the Disaster Emergency Declaration for
the City of Kenai Made on March 18, 2020 in Response to the COVID-19 Health
Emergency.
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January 20, 2021
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-02 and Council Member Askin
SECONDED the motion.
Mayor Gabriel opened for public hearing.
Annalea Lott requested clarification on whether this meant everyone needs to stay home and not
go out in public. It was clarified that this would extend the Emergency Declaration that was already
in place.
There being no one else wishing to be heard, the public hearing was closed.
It was noted that extending the Emergency Declaration extends the City’s ability to provide
temporary leave to employees to address COVID-19 related illness, emergency closures of
facilities and transmission reduction, as well as extending the City’s moratorium on penalties and
interest on water and sewer accounts and disconnect for non-payment, and allows the City to
accept additional funds that may come in the future from the federal government.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
5. Resolution No. 2021-03 - Supporting an Amendment Under Consideration by the
Kenai Peninsula Borough Anadromous Waters Habitat Protection Work Group to
Allow Limited Commercial Activities Within the Habitat Protection District in the City
of Kenai.
MOTION:
Vice Mayor Molloy MOVED to adopt Resolution No. 2021-03. 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.
MOTION TO AMEND :
Vice Mayor Molloy MOVED to amend Resolution 2021-03 by changing the date in Section 1 from
January 14, 2014 to January 21, 2021. Council Member Knackstedt SECONDED the motion and
requested UNANIMOUS CONSENT.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
Clarification was provided that this is an attempt to allow reasonable development in the
industrialized area within the City of Kenai, from approximately Mile 1 of the Kenai River to Mile 3,
which is primarily where most of the area’s processing plants and other water-related industrial
activities take place. Prior to the Borough Assembly potentially passing this amendment, the ability
for those business owners to build infrastructure in that habitat district was not allowed by code,
and if it passes it would ensure that there is a process to allow this in the future. The intent is that
there will be no net loss of habitat in this district, and that if there is infrastructure built there will
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City of Kenai Council Meeting Page 14 of 19
January 20, 2021
also be mitigation efforts to offset those impacts. Clarification was provided that the boundary
excludes the area where the Bluff Erosion Project is planned, and also that this rewrite of code is
specific to privately-owned property.
UNANIMOUS CONSENT was requested.
VOTE ON THE MOTION AS AMENDED: There being no objection; SO ORDERED.
6. Resolution No. 2021-04 - Accepting a Quitclaim Deed from the Kenai Peninsula
Borough for the Land Described as T.6N., R.11W. Sec. 31, Lots 40, 41, and 42
Containing 3.75 Acres, More Commonly Known as the 4th Avenue Park, for the
Public Purposes of Maintaining a Public Park.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-04. Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted that it would be good to see equipment at the park replaced, as some of the previous
equipment had been removed for being too old. The City Attorney was thanked for working hard
to resolve the issue.
UNANIMOUS CONSENT was requested.
VOTE: There being no objection; SO ORDERED.
E. MINUTES
1. *Regular Meeting of January 6, 2021.
Approved by the consent agenda.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified.
Approved by the consent agenda.
2. *Action/Approval - Purchase Orders Over $15,000.
Approved by the consent agenda.
3. *Action/Approval - Non-Objection to the Liquor License Renewals for The Bow Bar
and The Cannery Lodge.
Approved by the consent agenda.
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January 20, 2021
4. *Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the
Public Works and Senior Center Departments as Established by the Annual Budget.
Introduced by the consent agenda and Public Hearing set for February 3, 2021.
5. *Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation
Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to
Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule
and Make Other Housekeeping Changes.
Introduced by the consent agenda and Public Hearing set for February 3, 2021.
6. *Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease
Execution and Approving a Lease Execution Extension to July 27, 2021 to Kenai
Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No.
5.
Introduced by the consent agenda and Public Hearing set for February 3, 2021.
7. Action/Approval - Confirmation of Mayoral Nomination for Appointment to Harbor
Commission.
MOTION:
Vice Mayor Molloy MOVED to confirm Mayoral Nomination for Appointment of David Peck to the
Harbor Commission. Council Member Winger SECONDED the motion.
It was noted that David Peck was one of many capable candidates that had applied for a City
Council seat in the previous year, and it was good to see him and other candidates apply for
commission seats.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
8. Action/Approval - Supporting a Transportation Program for Individuals Receiving
COVID-19 Vaccinations at Locations in Kenai.
Clarification was provided that Safeway was now a location where vaccines would be provided in
Kenai, and the Kenai Senior Center had held a clinic on Tuesday Jan 19, 2021. The Kenai Fire
Department is scheduled to hold a clinic on Feb 9th, 2021, and there may be a clinic held by the
Nikiski Fire Department, Kenai Fire Department and Kenai Senior Center in collaboration.
MOTION:
Council Member Winger MOVED to support the proposed transportation program for individuals
receiving COVID-19 vaccinations at locations in Kenai. Vice Mayor Molloy SECONDED the
motion.
MOTION TO AMEND :
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January 20, 2021
Council Member Knackstedt MOVED to change the ending date of the program to July 1, 2021 or
until the budget runs out, and requested UNANIMOUS CONSENT. Council Member Pettey
SECONDED the motion.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
UNANIMOUS CONSENT was requested on the main motion.
VOTE ON THE MOTION AS AMENDED: There being no objection; SO ORDERED.
9. Action/Approval - Supporting an Amendment to the Grant Agreement with the Kenai
Peninsula Food Bank of Alaska.
MOTION:
Vice Mayor Molloy MOVED to approve an amendment to the original grant agreement with the
Kenai Peninsula Food Bank of Alaska to provide an additional $50,000 of federal CARES Act
funding. Council Member Knackstedt SECONDED the motion.
Clarification was provided that this money was remaining in part because of funds that weren’t
utilized in the mental health program, and that it would go towards helping the Food Bank continue
its food box program.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
10. Discussion - Development of City of Kenai Business Stimulus / Incentive Programs.
It was noted that these programs were discussed in detail earlier during the meeting, and Council
did not request further explanation of them. Clarification that some of these programs could be
included in the upcoming budget discussions for Fiscal Year 2022, but if these programs were to
be implemented earlier then the discussions would take place outside of normal budget process.
Once these proposals are further developed and ready to be presented for approval, they will be
brought back to Council.
11. Discussion - Kenai Fine Arts Center Remodel Update.
Public Works Director Curtin referred to Ordinance No. 3146-2020 which granted $120,000 to the
Kenai Fine Arts Center for improvements, and explained that those funds would be used for the
proposed work included in the packet. Estimates are also included which exceed the grant, but
no additional funding is being requested at this time as there may be future negotiations or
modifications. It was noted that this discussion was to bring Council up to date with the proposed
improvements and get concurrence.
Clarification was provided that the Kenai Fine Arts Center is now closed to the public, which is a
staff decision and is not due to specific COVID-19 restrictions. There are no immediate plans to
reopen, which makes this an appropriate time to begin these improvements.
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January 20, 2021
Concerns were expressed that the asbestos abatement planned for Phase 1 might escalate into a
more expensive issue, and it was clarified that the scope of abatement is being limited to prevent
this.
It was noted that this one of the few historic buildings that the City owns, and provides value to the
community.
12. Discussion - COVID-19 Response.
City Manager Ostrander reported that no employees are currently in COVID-19 protocols. All City
facilities, with the exception of the Senior Center, are open to the public with protocols in place.
Central Peninsula Hospital currently has 2 patients in their care with COVID-19. Noted that a
vaccination update was provided earlier in the meeting.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging – January 14, 2021 meeting cancelled; next meeting February 11,
2021.
2. Airport Commission – Council Member Knackstedt reported on the meeting of
January 14, 2021. Discussion included the re-appointment of Chair Vice-Chair,
Kenai Airport tower hours as proposed by the Tower, the goals and objectives for
Fiscal Year 2021-2022, the conference room at the Airport terminal, landscaping
options at the terminal, placement of the Kenai LaBelle mural, and directional signs
for visitors to the float plane basin. Next meeting February 11, 2021.
3. Harbor Commission – No report; next meeting January 25, 2021.
4. Parks and Recreation Commission – January 7th meeting was cancelled due to lack
of agenda items. Council Member Winger reported there is a warning out that ski
trails are groomed, but iced over and should be used with caution. Special meeting
with Beautification Committee February 4, 2021.
5. Planning and Zoning Commission – Council Member Glendening reported on
January 13th meeting, welcoming new Planning Director Ryan Foster and new
Commissioner Alex Douthit. Meeting included one plat for consideration, which
involved moving a lot line. Next meeting January 27, 2021.
6. Beautification Committee – No report; Special Joint meeting with Parks & Recreation
February 4, 2021.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
• Swearing in of 3 new police officers;
• Participated in teleconference with Governor Dunleavey and other Kenai
Peninsula mayors: main topics included COVID-19 and vaccine rollout, and his
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January 20, 2021
new budget and capital projects. Will be participating in a follow-up
teleconference with the Governor to discuss Cook Inlet Fisheries;
• Attended Chamber of Commerce meet-and-greet;
• As noted in the Finance Department Mid-Month Report, there will be an
evaluation committee for the City’s audit which requires three Council Members.
J. ADMINISTRATION REPORTS
1. City Manager - City Manager P. Ostrander reported on the following:
• He is participating in the AML Legislative Committee. Noted discussions will
include House Bill 55, Senate Bill 44, and Senate Bill 13;
• Shared a story of Officers Levi Russell and Chad Larsen, who stopped and
helped a motorist change a flat tire. Thanked the officers for going above and
beyond the call of duty;
• Update on the Bluff Erosion Project: expects RFP to be done this week, and
could be released as early as next week;
• Clarified that Administration has had difficulty filling the grant writer position, and
at this time it seems unlikely to be filled in the near future.
2. City Attorney -- City Attorney S. Bloom reported that a letter was sent to Council
regarding the Governor’s budget proposal, and his is still awaiting responses from
some Council Members.
3. City Clerk – No report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker) - None.
Annalea Lott thanked the Council for staying up late to get this handled.
2. Council Comments
Council Member Glendening stated that he attended the police officer swearing in ceremony as
well as the Chamber of Commerce meet-and-greet. He also noted that he had witnessed excellent
service from our police officers who had helped people experiencing car troubles.
Council Member Pettey thanked everyone for their diligence and hard work on the Shop Local
program. She thanked the outgoing Presidential Administration for their great service to the nation,
and wished success for the incoming Administration.
Council Member Askin thanked staff and Council for their hard work, and noted she believes that
created a great Shop Local program and looks forward to starting more programs in the near future.
Council Member Winger thanked everyone who testified for the Shop Local program, and
congratulated Dave Peck on his appointment to the Harbor Commission. She also attended the
police officer swearing in ceremony as well as the Chamber of Commerce luncheon. She stated
that she wants small business to know she’s committed to them, and is ultimately disappointed
with the outcome of the Shop Local program ordinance.
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January 20, 2021
Council Member Knackstedt thanked the Finance Director and his team for their excellent work.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
There being no further business before the Council, the meeting was adjourned at 12:44 a.m. on
January 21, 2021.
I certify the above represents accurate minutes of the Kenai City Council meeting of January 20,
2021.
_____________________________
Jamie Heinz, CMC
City Clerk
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City of Kenai Council Meeting Page 1 of 9
February 3, 2021
KENAI CITY COUNCIL – REGULAR MEETING
FEBRUARY 3, 2021 – 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 February 3, 2021, 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 Teea Winger
Jim Glendening Glenese Pettey
Victoria Askin
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.2. Ordinance No. 3180-2021
• Amendment Memo
MOTION:
Vice Mayor Molloy MOVED to approve the agenda with the requested additions and requested
UNANIMOUS CONSENT. Council Member Askin SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
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February 3, 2021
MOTION:
Council Member Knackstedt MOVED to approve the consent agenda and requested UNANIMOUS
CONSENT; and Council Member Pettey 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
1. Brandy Niclai and Bill Lierman, Alaska Permanent Capital Management -
2020 Financial Performance, Financial Projections, and Recommended 2021 Asset
Allocation for the City's Permanent Fund Investments.
Brandy Niclai presented a review of the status of the Permanent Fund Investments reporting
overall growth. Provided a broad picture of the financial market for 2020, including the economic
impact of the COVID-19 pandemic. She provided an outlook for the coming years, explaining that
we are in the early stages of a new economic cycle and we can anticipate a year of economic
revival, and Alaska Permanent Capital Management has updated their long-term strategic
perspective in response. She reviewed the portfolio, including historical market value, asset
allocation, and account performance, noting that the portfolio has provided an annual average
return of 8.44% since inception.
C. UNSCHEDULED PUBLIC COMMENTS
April Orth requested clarification on the status of funding for Kenai’s “Shop Here All Year” program.
It was clarified that Public Comments was for public testimony and not for audience Q & A with the
Council, and was provided information on how to access the recording of the public hearing for
this Ordinance, which took place during the Council Meeting of January 20, 2021.
D. PUBLIC HEARINGS
1. Ordinance No. 3179-2021 - Amending Positions in the Classified Service in the
Public Works and Senior Center Departments as Established by the Annual Budget.
MOTION:
Vice Mayor Molloy MOVED to enact Ordinance No. 3179-2021 and Council Member Knackstedt
SECONDED the motion.
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February 3, 2021
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
City Manager Ostrander provided an overview of the changes this would make to staffing. It was
noted that these changes would allow both departments to operate more efficiently, increase
productivity, and the impacts to the general fund will be minimal.
VOTE:
YEA: Gabriel, Knackstedt, Molloy, Winger, Glendening, Pettey, Askin
NAY:
MOTION PASSED UNANIMOUSLY.
2. Ordinance No. 3180-2021 - Amending Kenai Municipal Code 3.05.070-Citation
Procedure, and Kenai Municipal Code 13.10.015 – Minor Offense Fine Schedule to
Incorporate Various Animal Control Offenses into the Minor Offense Fine Schedule
and Make Other Housekeeping Changes.
MOTION:
Council Member Knackstedt MOVED to enact Ordinance No. 3180-2021 and Council Member
Askin SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
City Attorney Bloom provided an overview of the proposed changes.
MOTION TO AMEND:
Council Member Knackstedt MOVED to amend Ordinance No. 3180-2021 by editing language to
be more gender-neutral as recommended by the City Attorney, and Vice Mayor Molloy
SECONDED the Motion. UNANIMOUS CONSENT was requested.
VOTE ON THE AMENDMENT: There being no objection; SO ORDERED.
It was noted that some of the Animal Control violations started off with fees lower than expected.
VOTE ON THE MOTION AS AMENDED:
YEA: Knackstedt, Molloy, Winger, Glendening, Pettey, Askin, Gabriel
NAY:
MOTION PASSED UNANIMOUSLY.
3. Ordinance No. 3181-2021 - Waiving Kenai Municipal Code 21.10.130 - Lease
Execution and Approving a Lease Execution Extension to July 27, 2021 to Kenai
Aviation Operations, LLC for Lot 9A, Block 5, General Aviation Apron Subdivision No.
5.
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February 3, 2021
MOTION:
Council Member Askin MOVED to enact Ordinance No. 3181-2021 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.
Planning Director Foster clarified that there are preliminary site plans for a proposed hangar with
office space, next steps would be for an official site plan to be submitted to the City and formalized
upon signing of the lease.
VOTE:
YEA: Molloy, Winger, Glendening, Pettey, Askin, Gabriel, Knackstedt,
NAY:
MOTION PASSED UNANIMOUSLY.
4. Resolution No. 2021-05 - Designating the Investment and Allocation Plan for the
City's Permanent Funds and Establishing Appropriate Benchmarks to Measure
Performance For Calendar Year 2021.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-05 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
It was noted that the memo prepared by the Finance Director was very instructive and should be
saved for future reference.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
5. Resolution No. 2021-06 - Authorizing the City Manager to Enter Into an Amended
Bar/Lounge Concession Agreement at the Kenai Municipal Airport with the Upper
Deck Lounge.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-06 and Council Member
Glendening SECONDED the motion.
Mayor Gabriel opened for public hearing; there being no one wishing to be heard, the public
hearing was closed.
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February 3, 2021
It was noted that other concessionaires at the Airport have had their contracts amended, and
passing this would be consistent with the consideration Council has given to other Airport
businesses.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
6. Resolution No. 2021-07 - Adopting the City of Kenai's Capital Improvement Plan
Priority List for State Funding Requests for the Fiscal Year 2022.
MOTION:
Council Member Knackstedt MOVED to adopt Resolution No. 2021-07 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.
It was noted that the Harbor Commission had reviewed and approved the Harbor-related Capital
Projects. Clarification was provided that Wildwood Drive has been maintained by the City.
Discussion regarding how these priorities were decided, and how the order of priorities affected
how each project received funding. Concerns were raised over the Bridge Access Pedestrian Trail
being listed above the Waste Water Treatment Facility Sludge Press Replacement, and it was
clarified that Council can change the order of priorities but ultimately it will not significantly affect
the State’s funding decisions.
It was clarified that the State Legislature would consider approving funding for these projects during
their next legislative session. In addition to submitting the City’s Capital Improvement Projects into
the State’s CAPSIS system, it was suggested that a letter from Council be written to the State as
a way to boost the City’s influence over their decisions to fund.
UNANIMOUS CONSENT was requested.
VOTE: There being no objections, SO ORDERED.
E. MINUTES - None
G. NEW BUSINESS
1. *Action/Approval - Bills to be Ratified.
Approved by the consent agenda.
2. *Ordinance No. 3182-2021 - Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue Fund for the 2021 Airport Sand Screening Project.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
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February 3, 2021
3. *Ordinance No. 3183-2021 - Increasing Estimated Revenues and Appropriations in
the General Fund – Police Department, and Accepting a Grant From the US
Department of Transportation Passed through the State of Alaska Department of
Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
4. *Ordinance No. 3184-2021 - Amending Kenai Municipal Code 23.30.050 – Business
Hours and Hours of Work to Allow for Alternate Work Schedules in the Police
Department.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
5. *Ordinance No. 3185-2021 - Increasing Estimated Revenues and Appropriations in
the Airport Special Revenue and Airport Improvements Capital Project Funds and
Amending a Professional Services Agreement for the 2021 Airfield Drainage
Rehabilitation Project at the Kenai Municipal Airport.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
6. *Ordinance No. 3186-2021 - Increasing Estimated Revenues and Appropriations in
the General Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted
Amounts to the City’s General Fund.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
7. *Ordinance No. 3187-2021 - Increasing Estimated Revenues and Appropriations in
the Airport Land Sale Permanent Fund to Transfer Earnings in Excess of Budgeted
Amounts to the City’s Airport Fund.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
8. *Ordinance No. 3188-2021 - Increasing Estimated Revenues and Appropriations in
the Water and Sewer Special Revenue and Wastewater Treatment Plant
Improvements Capital Project Funds for a Replacement Sludge Press.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
9. *Ordinance No. 3189-2021 - Increasing Estimated Revenues and Appropriations in
the General Fund and the Public Safety Capital Project Fund to Provide
Supplemental Funding to the Fire Department’s Station Alerting Project and
Authorizing a Purchase Order in Excess of $15,000 to Kachemak Electric for
Performance of the Work.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
10. *Ordinance No. 3190-2021 - Increasing Estimated Revenues and Appropriations in
the General Fund and Authorizing a Grant Disbursement Program for Small
Businesses that Did Not Previously Apply for Full Assistance from the City in 2020.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
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February 3, 2021
11. *Ordinance No. 3191-2021 - Increasing Estimated Revenues and Appropriations in
the General Fund to Provide Assistance to Kenai Residents Impacted by the COVID-
19 Public Health Emergency with the Purchase of Groceries and Necessary
Household Goods in Kenai and Award a Professional Service Agreement to the
Kenai Chamber of Commerce and Visitors Center for Administration of the Program.
Introduced by the consent agenda and Public Hearing set for February 17, 2021.
12. Discussion - COVID-19 Response.
City Manager Ostrander reported that there was one employee under COVID-19 protocol. Noted
that all City facilities were open to the public with the exception of the Senior Center, and he was
working with the Director on a phased plan for reopening. He added that there were currently zero
COVID-19 patients at Central Peninsula Hospital and that a large vaccination clinic would take
place at the Beacon facility on Saturday, February 6, 2021.
Clarification was provided on the City’s efforts to promote the Vaccine Transportation Program.
It was noted that additional funds that had been reallocated to the Food Bank at the previous
Council meeting had gone towards providing 292 food boxes to households in the City of Kenai.
Discussion also included whether the Kenai River Brown Bears hockey team would use our ice
rink and the implementation of a U.S. Department of Homeland Security Directive which mandated
the use of masks at the airport.
H. COMMISSION / COMMITTEE REPORTS
1. Council on Aging – No report; next meeting February 11, 2021.
2. Airport Commission – No report; next meeting February 11, 2021.
3. Harbor Commission – Vice Mayor Molloy had provided a report of the special meeting
of January 25th earlier during the Council meeting. Next meeting February 8, 2021.
4. Parks and Recreation Commission – No report; special joint meeting with
Beautification Committee February 4, 2021.
5. Planning and Zoning Commission – Council Member Glendening reported on
January 27th meeting. Topics included re-election of Chair and Vice-Chair, a
preliminary subdivision plat, and an application for a conditional use permit for 8
single-family additional dwellings. Next meeting February 24, 2021.
6. Beautification Committee – No report; Special Joint meeting with Parks & Recreation
February 4, 2021.
7. Mini-Grant Steering Committee – No report.
I. REPORT OF THE MAYOR
Mayor Gabriel reported on the following:
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February 3, 2021
• Participated in teleconference with Governor Dunleavy to discuss Cook Inlet
Fisheries;
• Expressed concern over the opinions expressed by a Council member after the
January 20th, 2021 meeting, clarifying some inaccuracies that had been shared
during a radio broadcast and a Facebook video. He noted that while he Council
members are encouraged to advocate their position, disparaging other Council
members for disagreeing is in poor taste and he would prefer mutual respect and
decorum among the Council.
J. ADMINISTRATION REPORTS
1. City Manager - City Manager P. Ostrander reported on the following:
• Vaccine Transportation program: Senior Center director had sent flyer to Kenai
Safeway pharmacy, and copies would be made by pharmacy to share with
seniors;
• Met with owners of Furie Operating, and they are hiring local;
• The Shop Here All Year program began this week, Chamber of Commerce will
be providing an update with all current numbers at next Council meeting;
• Bluff Stabilization Project: RFP for design has been released, next step is getting
federal government to pay their portion;
• Clarified the current social distancing protocols and air filtration methods
implemented by the Kenai Recreation Center.
2. City Attorney - City Attorney S. Bloom reported on the following
• Took his family to Kenai Recreation Center and was glad that it is open;
• Commended Parks and Recreation employee Randy Dodge for a great job on
grooming the ski trails in town.
3. City Clerk – No report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker) - None.
2. Council Comments
Council Member Pettey shared that she felt shocked and disappointed with disparaging remarks
that had been made of some Council Members. She stated that it is an honor for her to serve on
the City Council, and she works to represent and do utmost best for all citizens of our community
by working respectfully and professionally with all Council Members, Administration, public and
businesses.
Council Member Glendening noted that he firmly believes that this is a teachable moment that the
Council, as a body, can rise above, and that it may be distracting the Council’s attention from the
matter of supporting our businesses and our citizens and by applying public funds to increase the
velocity of money through our local economy. He also noted that he would like to see Planning &
Zoning Commission meetings transition to fully in-person participation by late spring, as the in-
person/Zoom hybrid meeting format has resulted in less interactive communication.
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February 3, 2021
Council Member Askin said she is very honored to have been appointed to the Council, and she
truly appreciates the support she’s received from Administration. She looks forward to continuing
to work amiably and respectfully with the Council.
Council Member Winger stated that she feels honored to be elected and represent We the People,
and she will always put the people ahead of the government’s agenda. Noted that she appreciates
the change of heart to better support small businesses by allowing a grocery program.
Vice Mayor Molloy noted that it was a good meeting and a good discussion, and he appreciated
the presentation from Alaska Permanent Capital Management. He also discussed the public
statements made after the previous Council meeting and responded to some of the comments he
felt were inaccurate. He noted that he sees Kenai as a resilient business community that is crucial
to the city’s arc of growth. Also noted that he received his first dose of COVID-19 vaccine and it
was a very positive experience.
Council Member Knackstedt expressed dismay with the public remarks shared on the radio and
Facebook. He felt that there was a good debate and a good compromise at the last Council
meeting, which is representative of how Council conducts its business. However, he did not
appreciate the calling out of himself or the Council, which he feels is detrimental to the City as a
whole. He noted that decorum is important, and he also sees this as a learning moment that the
Council can move forward from.
It was also noted that municipal government is likely the least self-serving level of government that
exists, and people choose to be part of it because they have a true interest in serving their
community.
L. EXECUTIVE SESSION – None.
M. PENDING ITEMS – None.
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000.
There being no further business before the Council, the meeting was adjourned at 8:32 p.m.
I certify the above represents accurate minutes of the Kenai City Council meeting of February 3,
2021.
_____________________________
Jamie Heinz, CMC
City Clerk
Page 82
PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION
COUNCIL MEETING OF: FEBRUARY 17, 2021
VENDOR DESCRIPTION
PERS PERS
ENSTAR NATURAL GAS GAS USAGE
HOMER ELECTRIC ELECTRIC USAGE
REBORN AGAIN JANITORIAL JANUARY SERVICES
INVESTMENTS
VENDOR DESCRIPTION
PIPER JAFFRAY U.S. AGENCY SECURITY
PIPER JAFFRAY U.S. AGENCY SECURITY
PIPER JAFFRAY U.S. AGENCY SECURITY
PIPER JAFFRAY U.S. AGENCY SECURITY
PIPER JAFFRAY U.S. AGENCY SECURITY
PIPER JAFFRAY U.S. AGENCY SECURITY
DEPARTMENT
VARIOUS
VARIOUS
VARIOUS
AIRPORT
MATURITY DATE
8/25/2023
2/15/2025
1/25/2023
1/11/2022
1/13/2022
1/5/2022
ACCOUNT
LIABILITY
UTILITIES
UTILITIES
REPAIR & MAINTENANCE
AMOUNT
186,766.10
127,496.23
2,652,003.98
1,025,576.33
1,023,073.50
1,019,341.44
AMOUNT
99,075.64
37,632.51
119,759.30
4,231.25
Effect. Int.
0.34%
0.48%
0.19%
0.07%
0.07%
0.69%
Page 83
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Mary L. Bondurant
DATE: February 8, 2021
SUBJECT: Action/Approval – Special Use Permit State of Alaska DNR/Forestry
The State of Alaska, Department of Natural Resources/Division of Forestry is requesting renewal
of a Special Use Permit for a three-month term from April 1, 2021 through June 30, 2021.
The Permit is for aircraft loading and parking on approximately 30,000 square foot of the apron
adjacent to their lease lot for firefighting related activity.
The State of Alaska is current on all fees owed and we have a current Certificate of Insurance.
Airport Commission reviewed the request at the February 11, 2021 Commission meeting and
recommends Council approval.
Does Council recommend the City Manager enter into a Special Use Permit with the State of
Alaska DNR/Division of Forestry?
Thank you for your consideration.
attachments
Page 84
SPECIAL USE PERMIT 2021
The CITY OF KENAI (City) grants to ST ATE OF ALASKA DEPARTMENT OF
NATURAL RESOURCES /DIVISION OF FORESTRY (Permittee), whose address is 550
W. Seventh Avenue, Suite 1450, Anchorage, AK 99501-3566, a Special Use Permit to
conduct aeronautical and/or aviation-related activities at the Kenai Municipal Airport
subject to the requirements and the conditions set forth below.
1. Premises. Permittee shall have the non-exclusive right to use 30,000 square feet as
described in the attached diagram shown in the attached Exhibit A for the uses identified in
this Permit.
2. Term. The term of this Permit shall be for three months commencing on April 1,
2021 , and ending on June 30, 2021. Regardless of the date of signature, this Permit shall be
effective as of April 1, 2021.
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 plus applicable sales tax as follows:
April $ 3025.00
May $ 3025.00
June $ 3025.00
B. Proximity Card for Gate Access: In addition to the general permit fee,
Permittee shall pay a deposit of One Hundred Dollars ($100.00) for the use of each
proximity card is sued to Permittee by City to allow for gate access to the Airport to
conduct the uses permitted hereunder. City shall refund this deposit to Permittee
when the card is returned to City. City may exercise a right of offset to apply the
deposit to any outstanding balance due to City from Permittee at the termination of
this Permit.
C. Other Fees: City may assess additional fees for aviation or aviation support
activities and uses not defined in this Permit. If a fee has not been established for
those activities or services, a fee will be established by the Airport Manager.
Payment shall be directed to City of Kenai, ATTN: Finance Department, 210 Fidalgo
A venue, 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 I 0% 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
Special Use Permit-DNR/Forestry (Parking) Page 1of9
Page 85
to timely make payments is grounds for termination of this Permit. (See ~ 22, Termination).
4. Use. City authorizes Permittee 's non-exclusive use of the Premises for the
following purpose(s):
Aircraft loading and parking. NOTE: This permit does not guarantee the exclusive use of
the area identified in Exhibit A . City reserves the right to re-assign Permittee, upon
reasonable notice, to other areas as airport needs may require.
Permittee shall have the right of ingress and egress to the Airport using only designated
gate access locations (which may require a proximity card) for the use of the Premises.
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 Pennittee 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:
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.
No person may repair an aircraft, aircraft engine, propeller, or apparatus in an area of the
Airport other than that specifically designated for that purpose by the Airport Manager or
designated representative. The Airport Manager or designated representative reserves the
right to designate reasonable areas where aircraft owners may perform services on their
own aircraft.
5. Airport Operations. Permittee shall ensure that the Permittee, its employees, and
guests, and anyone else acting by, on behalf of, or under the authority of Permittee on the
Airport, that perform any repairs or activities authorized under this Permit act in a manner
that ensures the safety of people and the Airport, the protection of public health and the
environment, and the safety and integrity of the Airport and any premises on the Airport.
Permittee shall employ qualified personnel and maintain equipment sufficient for the
purposes of this provision. The Permittee shall immediately notify City of any condition,
problem, malfunction, or other occurrence that threatens the safety of the Airport, the safety
of persons using the Airport, the public health or the environment, or the s afety or integrity
of any premises on the Airport.
Special Use Permit-DNR!Forestry (Parking) Page 2 of9
Page 86
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. Coordination with Airport Management. Permittee shall coordinate all activities
on the Airport with Airport Management, or a designated representative, and shall abide
by all reasonable decisions and directives of the Airport Management regarding general
use of the Airport by Permittee.
8. 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.
9. 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
include an endorsement under which the insurer extends coverage to Permittee' s
fuel handling activities. The policy must name the City as an additional insured.
B. Worker's compensation insurance with coverage for all employees engaged
in work under this Permit or at the Premises as required by AS 23.30.045. Permittee
is further responsible to provide worker's compensation insurance for any
subcontractor who directly or indirectly provides services to Permittee under this
Permit.
C. 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,
Special Use Permit-DNR/Forestry (Parking) Page 3 of9
Page 87
or a combination thereof, and signed by a person authorized by the
insurer to bind coverage on its behalf.
111 . 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.
v. Evidence of insurance coverage must be submitted to City by April 1,
2021 . The effective date of the insurance shall be no later than April
1, 2021.
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.
10. Assumption of Risk. Permittee assumes full control and sole responsibility as
between Permittee and City for the activities of Permittee, its personnel, employees , and
persons acting on behalf of or under the authority of the Permittee anywhere on the Airport.
Permittee shall provide all proper safeguards and shall assume all risks incurred in its
activities on and access to the Kenai Municipal Airport and its exercise of the privileges
granted in this Permit.
11. I ndemnity, Defend, and Hold Harmless Agreement. Permittee agrees to fully
indemnify, defend , and hold harmless , the City of Kenai , its officers , agents, emplo yees ,
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 Kenai Municipal Airport, 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.
12. Fuel Spill Prevention and Response Plan. Areas of the apron have been seal coated
to protect asphalt from adverse effects of petroleum product spills . The City requires that
Special Use Permit-DNR/Forestry (Parking) Page 4 of9
Page 88
Permittee provide adequate absorbent materials and tools available on the Premises and at the
airport in order to maintain a fuel spill and response capability. Permittee shall be liable for
any damage caused by and costs associated with any spill, the cleanup of any spill, or the
discharge of petroleum products or hazardous materials due to Permittee's use of the apron
and/or use of the Airport.
Permittee shall provide to City an acceptable fuel spill prevention and response plan and
will maintain fuel spill and response capability. Permittee further agrees to have a copy of
the fuel spill prevention and response plan located in the Permittee's fuel dispensing
equipment at all times. Permittee must comply with the Airport's Storm Water Pollution
Prevention Plan as appropriate to Permittee 's activities .
Permittee shall not store any personal property, solid waste, petroleum products, Hazardous
Material as defined by 14 CFR § 171.8 , hazardous waste (ignitable, corrosive, reactive, or
toxic) or any hazardous substance on any portion of the Airport. Permittee is aware that
there are significant penalties for improperly disposing of the Hazardous Materials and
other waste and for submitting false information regarding Hazardous Materials, including
the possibility of fine and imprisonment for knowing violations.
Permittee shall immediately remove the material in the event of spillage or dripping of
gasoline, oil, grease, or any other material which may be unsightly or detrimental to the
pavement or surface in or on any area of the Airport.
Permittee may not construct or install any above-ground or underground fuel storage tanks
or dispensing systems at the Airport.
No person shall smoke on an aircraft-parking ramp , inside an aircraft hangar, or within 50 '
of any aircraft fuel facility or fuel truck.
Permittee is subject to FAA Advisory Circular 150/5230-4 Aircraft Fuel Storage,
Handling, and Dispensing on Airports , the National Fire Protection Associations'
"Standard for Aircraft Fueling Servicing" in NFP A 407 ( 1996 version), and the current
version of the International Fire Codes . All inspections of fuel facilities , by City or other
regulating entities to which Permittee is subject, shall be conducted to assure compliance
with the fire safety practices listed in these referenced documents .
13. Hazardous Substances and Materials. Permittee shall conform and be subject to
the requirements of 14 CPR§ 139.321 regarding the handling and storage of hazardous
substances and materials .
14. 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
Special Use Permit-DNR/Forestry (Parking) Page 5 of9
Page 89
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.
15. 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.
16. 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.
17. 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 Airport.
18. Assignment. The privileges granted under this Permit are personal to Permittee and
may not be assigned by Permittee .
19. 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 or
elsewhere at the Kenai Municipal Airport.
20. 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.
21. 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 $25.00 per day. The City of
Kenai is not responsible for any damage to or theft of any personalty of Permittee or of its
customers.
Special Use Permit-DNR/Forestry (Parking) Page 6 of9
Page 90
22. 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 conditio n or term of this Permit which failu re
remains uncured after notice by City to Permittee provi ding Permittee with a reasonable
time period under the circumstances to correct the violation or breach.
23. Landing Fees; Fee Schedule. Timely payment of landing fees and other required
Airport fee s is a condition of this Permit and , as such , failure to timely pay landing and
other airport fees is grounds for termination. Without limiting the foregoing , Permittee
shall pay landing fees for aircraft landings as set out in the City's comprehensive schedule
of rates , charges and fees. Permittee shall make payment within 30 days following the end
of each month and without demand or invoicing from City. Permittee shall also provide
Airport Administration with monthly certified gross take-off weight reports within ten days
following the end of each month for landings for the preceding month. Airport landing
fee s shall be paid at the Airport Administration Building, 305 North Willow Street, Suite
200, Kenai , AK 99611 .
24. Impoundment. At the discretion of the Airport Manager, City may impound any
aircraft parked on the Premises after termination of this Permit. Impoundment may be
accomplished by affixing a seal to the door of the aircraft or the moving of the aircraft for
impoundment purposes. Inconvenience or damage that may result from such movement
will be at the risk of Permittee. An impoundment fee plus a towage fee shall be charged
on each aircraft impounded. In addition, a daily storage fee shall be charged for each day
the aircraft remains impounded. Any impounded aircraft that is not redeemed within 90
days after impoundment shall be considered abandoned and shall be subject to sale at
public auction. Notice of any auction shall be published. Publication shall be in a
newspaper of general circulation in that area for at least once during each of three
consecutive weeks not more than 30 days nor less than seven days before the time of the
auction .
25. Definitions. As used in this Permit, "Permittee" means State, Department of
Natural Resources , Division of Forestry, and where the context reasonably indicates, its
officers, agents , and employees . "Airport" means the Kenai Municipal Airport.
CI TY OF KENAI STATE OF AL ASKA
DEPART MENT OF NATURAL
RESOURCES, DIVISION
Special Use Permit-DNR/Forestry (Parking) Page 7of9
Page 91
Paul Ostrander
City Manager
Date
OF FORESTRY
Timothy Dabney
Deputy Director,
Division of Forestry
Date
ACKNOWLEDGMENTS
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this __ day of , 2021, 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 2021 , the foregoing
instrument was acknowledged before me by Timothy Dabney, Deputy Director,
DNR/Division of Forestry, on behalf of the State of Alaska.
Notary Public for Alaska
My Commission Expires: ____ _
ATTEST:
Special Use Permit-DNR/Forestry (Parking) Page 8 of9
Page 92
Jamie Heinz, City Clerk
SEAL:
APPROVED AS TO FORM:
~ ·~
Scott M . Bloom, City Attorney
Special Use Permit-DNR/Forestry (Parking) Page 9 of9
Page 93
----
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Exhibit A
Page 94
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3192-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND PARKS,
RECREATION AND BEAUTIFICATION DEPARTMENT, AND AUTHORIZING AN INCREASE
TO THE MULTI-PURPOSE FACILITY MANAGEMENT SERVICES PURCHASE ORDER TO
RED LINE SPORTS FOR ADDITIONAL ICE MAINTENANCE SERVICES.
WHEREAS, Red Line Sports was awarded a contract to provide Facility Management and Ice
Machine Services for the 2020/21 season with the expectation the contract would be adjusted, if
needed, based on actual ice rental hours and required maintenance; and,
WHEREAS, the Kenai Multi-purpose Facility experienced a substantial increase in use this
season due to restrictions and closures at other rinks throughout the state due to COVID-19; and,
WHEREAS, the Alaska State Hockey Association desires to use the Kenai Multi-purpose Facility
to host three youth State hockey tournaments; and,
WHEREAS, the Agreement for Facility Management Services needs to be extended into March
2021 in order to accommodate the last tournament of the season, and;
WHEREAS, the revenue generated from additional ice sales will exceed ice maintenance costs;
and,
WHEREAS, increasing the compensation to Redline Sports to account for increased use of the
Facility is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the Kenai City Council authorizes the City Manager to authorize Red Line
Sports to extend FY21 ice maintenance services by eight days to conclude on March 31, and
authorizes an increase to Purchase Order No. 121375 in the amount of $15,000.
Section 2. That the estimated revenues and appropriations be increased as follows:
General Fund:
Increase Estimated Revenues –
Kenai Multi-purpose Facility User Fees $15,000
Increase Appropriations – Parks, Recreation & Beautification
Professional Services $15,000
Page 95
Ordinance No. 3192-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of March, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 17, 2021
Enacted: March 3, 2021
Effective: March 3, 2021
Page 96
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: February 9, 2021
SUBJECT: Ordinance 3192-2021
The purpose of this memo is to recommend adoption of Ordinance No. 3192-2021 increasing the
Multi-purpose Facility Management Services purchase order to Red Line Sports and extending
the terms of the agreement to March 31, 2021.
The Multi-purpose Facility experienced a significant surge in ice sales from previous seasons.
The increased ice sales (up approximately 60%) was a direct result of other ice rinks around the
State being either closed most of the season, or severely restricted due to COVID-19.
Additionally, the Alaska State Hockey Association has requested our rink to be utilized to host
three youth State hockey tournaments, with the last tournament scheduled for the end of March.
Although the growth in sales increased expenditures for contractual services related to ice
maintenance, the revenue associated with this far exceeds the maintenance costs.
Council’s support is respectfully requested.
Page 97
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3193-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING AN INCREASE IN THE TITLE III GRANT FROM THE STATE OF ALASKA
DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NUTRITION, TRANSPORTATION
AND SUPPORT SERVICES AND A GRANT FROM THE UNITED STATES TREASURY
PASSED THROUGH THE STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL
SERVICES TO SUPPORT THE KENAI SENIOR CENTER’S RESPONSE TO THE COVID-19
PUBLIC HEALTH EMERGENCY.
WHEREAS, annually the City receives a grant from the State of Alaska Department of Health and
Social Services to provide the Senior Citizen, Nutrition, Transportation, and Support Services
(NTS); and,
WHEREAS, the State of Alaska received additional COVID-19 funding for the provision of meals,
food boxes, and other forms of nutrition for Alaskan seniors; and,
WHEREAS, the Kenai Senior Center has been providing additional home meals throughout the
COVID-19 Public Health Emergency; and,
WHEREAS, the FY2021 adopted budget estimated grant funding for the NTS program in the
amount of $190,847; and,
WHEREAS, an increase of $1,000 to the NTS grant has been received from the State of Alaska
Department of Health and Social Services; and,
WHEREAS, additional funding in the amount of $27,859.08 was also received from the United
States Treasury, passed through the State of Alaska Department of Health and Social Services
for Kenai Senior Center’s response to the COVID-19 Public Health Emergency; and,
WHEREAS, the City has received notice the actual amount of the FY2021 grant, with the
increases of $28,859.08, will be $219,706.08 ; and,
WHEREAS, acceptance of this grant 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 $1,000 increase to the Nutrition,
Transportation and Support Services Grant from the State of Alaska Department of Health and
Social Services.
Page 98
Ordinance No. 3193-2021
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. That the City Manager is authorized to accept a grant in the amount of $27,859.08
from the United States Treasury passed through the State of Alaska Department of Health and
Social Services for Kenai Senior Center’s response to the COVID-19 Public Health Emergency.
Section 3. That the estimated revenues and appropriations be increased as follows:
Senior Citizen Fund:
Increase Estimated Revenues –
State Grant $ 1,000.00
Federal Grant 27,859.08
$28,859.08
Increase Appropriations –
Congregate Meals – Operating & Repair Supplies $21,644.00
Choice Waiver – Operating & Repair Supplies 7,215.08
$28,859.08
Section 4. That the City Manager is authorized to execute the necessary grant amendment
and grant agreements to accept the grant funds and is authorized to expend the funds in
accordance with grant provision and the provision of this ordinance.
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
immediately upon enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of March, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 17, 2021
Enacted: March 3, 2021
Effective: March 3, 2021
Page 99
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: February 8, 2021
SUBJECT: Ordinance No. 3193-2021 – Increase in the Title III Grant from the State
The Kenai Senior Center has received a supplemental funding appropriation through the State
of Alaska Title III - Nutrition, Transportation and Services as follows:
State of Alaska Department of Health and Social Services $ 1,000.00
U.S. Department of Treasury passed through Alaska
Department of Health & Social Services $27,859.08
$28,859.08
These funds are supplemental funding from the State of Alaska and a pass-through grant from
the United States Department of Health and Human Services in support of the COVID-19
Pandemic.
I respectfully request consideration of the ordinance and accepting and appropriating these grant
funds.
Page 100
Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3194-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AND
APPROPRIATING INSURANCE PROCEEDS FOR DAMAGE TO WELLHOUSE NUMBER ONE
IN THE WATER AND SEWER CAPITAL PROJECTS FUND, AUTHORIZING A BUDGET
TRANSFER IN THE WATER AND SEWER SPECIAL REVENUE FUND – WATER
DEPARTMENT, AND APPROPRIATING THE ESTIMATED RESIDUAL AMOUNT NEEDED TO
RELOCATE THE DAMAGED FACILITY TO THE WATER AND SEWER COMPLEX ON
SHOTGUN DRIVE IN THE WATER AND SEWER AND WATER AND SEWER CAPITAL
PROJECT FUNDS.
WHEREAS, Well House Number One sustained substantial damages during the 2018
earthquake; and,
WHEREAS, in coordination with the City’s insurance carrier it has been determined that
abandonment of these improvements at this location in lieu of rebuilding them is in the best
interest of the City; and,
WHEREAS, the steel building on the property still retains some value and will provide for a much
needed storage facility to be relocated adjacent to the Water Division staff office off of Shotgun
Drive; and,
WHEREAS, the funding below coupled with proceeds from the insurance carrier will provide for
this relocation; and,
WHEREAS, bid ready plans and specifications have been developed for this project, and with
Council’s approval of this Ordinance an Invitation to Bid is anticipated to be released in early
March 2021 to complete this Work.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. That the following budget revision is authorized:
Water & Sewer Fund:
Transfer to -
Water Department – Transfer to Capital Projects $26,000
Transfer from –
Water Department – Improvements $(26,000)
Page 101
Ordinance No. 3194-2021
Page 2 of 2
Section 2. That the estimated revenues and appropriations be increased as follows:
Water & Sewer Fund:
Increase Estimated Revenues –
Appropriation of Fund Balance $57,500
Increase Appropriations –
Water Department – Transfer to Capital Projects $57,500
Section 3. That the estimated revenues and appropriations be increased as follows:
Water & Sewer Capital Project Fund:
Increase Estimated Revenues:
Restitution $ 56,500
Transfer from Water & Sewer Fund 83,500
$140,000
Increase Appropriations –
Construction $140,000
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 3rd day of March, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Approved by Finance: _________________
Introduced: February 17, 2021
Enacted: March 3, 2021
Effective: March 3, 2021
Page 102
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin
DATE: February 10, 2021
SUBJECT: Ordinance No. 3194-2021
As Council may recall, the November 2018 earthquake caused structural damages to the Well
House One Facility located at 7465 Kenai Spur Highway. The earthquake caused the concrete
foundation to subside 4-5” around the structure, causing extensive concrete damages.
This well house was a low producing well site, especially after improvements to the well field
located off of Shotgun Drive which produces the vast majority of water the City uses today. The
property is leased from the State, and after review during the Land Management Plan updates it
was determined this well site should be abandoned, and the low producing well capped.
In an effort to make use of some of the salvageable materials, the steel building remains in
relatively good condition and would make an excellent storage facility for parts and equipment
for the Water Division. It was determined the most appropriate location to move the structure to
was directly adjacent to the Staff’s Office space at the Water Treatment facility, which resides
behind a fenced enclosure, off of Shotgun Drive.
Plans & Specifications for the relocation have already been completed by Nelson Engineering,
and the project is being conducted in coordination with the City’s insurance carrier. Upon
Council’s approval the project will be formally released for Construction Bids with the work
anticipated to take place this Spring and into the Summer. Insurance proceeds and City funds
will be required to complete the work, this Ordinance is appropriating both.
The photos below indicate the structure and the intended new location it will be rebuilt at.
Council’s support is respectfully requested.
Page 103
Page 2 of 2
7465 Kenai Spur Hwy – WH#1 420 Shotgun Drive – Water Treatment Plant
Page 104
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: February 12, 2021
SUBJECT: Planning & Zoning Commission Appointment
Effective January 1, 2021, Tim McIntyre resigned his position on the Planning & Zoning
Commission. Gwen Woodard has applied and Mayor Gabriel has nominated her to fill the
vacancy. The term for this seat expires December 31, 2021.
Kenai Municipal Code (KMC) 1.90.010 requires Council confirmation of nominations presented
by the Mayor.
Your consideration regarding confirmation is appreciated.
Page 105
Meghan Thibodeau
From:
Sent:
To:
Subject:
Gwen Woodard via Kenai , Alaska <webmaster@kenai.city>
Tuesday, January 26, 2021 11 :48 AM
City Clerk
Form submission from: Commiss ion/Committee Appl ication
CAUTION : This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders .
Submitted on Tuesday, January 26, 2021-11:47am Submitted by anonymous user: 69.178.28.17S Submitted values are :
Date:Tue,01/26/2021
Name: Gwen Woodard
Resident of City of Kenai? Yes
If resident, how long? S4 years
Residence Address:
Mailing Address:
Home Telephone:
Home Fax:
Business Telephone :
Business Fax:
Email address: woodard .g@outlook.com
May we include your contact information on our website? Yes , but not all (specify below) If not all, what may we
include? email only
Employer: Retired from Kenai Fabric Center Job Title: Owner Name of Spouse : Mike Woodard Current Membership
Organization: Republican party Past organizational memberships: PTA Committees or commission s in wh ich you are
interested: Planning & Zoning
Why do you want to be involved with this commission or committee? Having lived and owned a business in the
community for over SO years I feel the need to get a bit more involved now that I'm retired.
What background, experience, or credentials do you possess to b r ing the board, commission , or committee
membership? During our SO years in business there's been many conversation s over a multitude of subjects about the
area with numerous patrons. Maybe some of those views will be of some use .
The results of this submission may be viewed at:
https://www .ken a i .city/ node/2601/ subm i ss ion/7191
1
Page 106
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: February 10, 2021
SUBJECT: Beautification Committee Appointment
On December 31, 2020, terms for certain seats on the Beautification Committee expired. Branda
Madrid did not seek reappointment which left a vacancy on the Committee. Barbara Roland has
applied and Mayor Gabriel has nominated her to fill the vacancy. The term for this seat expires
December 31, 2023.
Kenai Municipal Code (KMC) 1.90.010 requires Council confirmation of nominations presented
by the Mayor.
Your consideration regarding confirmation is appreciated.
Page 107
Meghan Th i bodeau
From:
Sent:
Barbara Roland via Kenai, Alaska <webmaster@kenai.city>
Saturday, February 6, 2021 8:47 AM
To: City Clerk
Subject : Form submission from: Commission/Committee Application
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Submitted on Saturday, February 6, 2021-8:46am Submitted by anonymous user: 216.67.25.239 Submitted values are :
Date: Sat, 02/06/2021
Name: Barbara Roland
Resident of City of Kenai? Yes
If resident, how long? 10 years
Residence Address :
9072528579 Home Fax:
Business Telephone: 907-283-1331
Business Fax :
Ema i l address: nelonbarbara@gmail.com
Mailing Address: PO Box 1576, Kenai AK 99611 Home Telephone:
May we include your contact information on our website? Yes, but not all (specify below) If not all, what may we
include? Not my physical address
Employer: Hilcorp Alaska
Job Title: Management of Change Admin
Name of Spouse: NA
Current Membership Organization: None
Past organizational memberships:
Committees or commissions in which you are interested: City Beautification committee Why do you want to be involved
with this commiss ion or committee? I want to get off the bench and start being more involved in my community and
need to take a first step. Victoria Askin recommended that I apply.
What background, experience, or credentials do you possess to bring the board, commission, or committee
membership? I'm a homeowner and gardener who likes to creatively work on making my surroundings a nice place to
live.
The results of this submission may be viewed at:
https://www. kena i .city/ node/2601/ subm ission/72 61
1
Page 108
February 17, 2021
The Honorable Mike Dunleavy
Governor, State of Alaska
P.O. Box 110001
Juneau, AK 99811-0001
Re: Kenai Bluff Stabilization Project – State of Alaska Capital Improvement Program
Dear Governor Dunleavy,
At our meeting of February 3, 2021, the Kenai City Council passed Resolution 2021-07,
establishing the City’s capital improvement program priorities for State of Alaska funding requests
for fiscal year 2022. We appreciate the opportunity to prioritize and describe all of these important
projects to the State for consideration but wanted to provide additional detail on our top priority
project: Kenai Bluff Stabilization.
The City of Kenai has recognized this project as a number one priority for over 30 years, and we
have reached a point in which it can become a reality with full project funding. It is a critical first
step in the revitalization of Old Town Kenai, an area of cultural and historical significance to
Alaska. Preservation and development efforts have been restrained in this area due to the
consistent erosion of the nearby bluff. Stabilization of this bluff will eliminate uncertainty and allow
for investment in businesses, residences, and improvements to public parks and recreation areas.
Beyond Old Town, this project makes the statement that the City of Kenai is a worthy investment.
With Federal, State, and Local monies, including the issuance of general obligation bonds
approved by Kenai voters, being utilized to construct this project, all levels of government are
partnering towards a vibrant and stable Kenai that can preserve its unique cultural identity as well
as fulfill its potential as a hub of tourism, fishing, and business development on the Kenai
Peninsula.
The benefits of this project are significant, including stabilization of 31 bluff parcels and saving 27
structures, including the senior center and senior housing complex. Roads and other valuable
infrastructure will be saved. It will protect against cultural vulnerability such as the loss of historical
and archaeological sites and provide residents of Old Town Kenai and visitors who frequent the
bluffs greater safety. It will also provide needed economic development opportunities during a
period of recovery.
This project is of vital importance to the City of Kenai, and we are looking forward to its successful
completion. The United States Corps of Engineers, Alaska District issued the Final Section 116
Page 109
Page 2 of 2
Feasibility Report and Environmental Impact Statement in March of 2019. The Director’s Report,
the document that formally concurs with the Report’s recommendations, was signed on April 10,
2019. That concurrence places the project on the USACE work plan, making it eligible to receive
Federal funding for both design and construction. Both the design and construction phases are
supported by Federal funding at 65% and non-Federal funding (City, State, or other eligible funds)
at 35%, with a total estimated cost of $32,500,000.
The City is requesting capital funding to support this project in the amount of $5,000,000. The
resultant match from Federal funds would be over $9,200,000. We support any and all efforts of
the State to stretch our limited capital funds by investing in projects that result in matching funds,
increasing the benefits of those projects to businesses in our State and to our economy.
Leveraging $5,000,000 of State Capital funding into over $14,200,000 of economic activity in our
State in support of this project provides an outstanding return on the investment of the State’s
money, while helping the City save critical infrastructure and drive additional private capital
investment in Old Town Kenai.
Thank you for your consideration.
Sincerely,
CITY OF KENAI:
___________________________ ___________________________
Brian Gabriel, Mayor Bob Molloy, Vice Mayor
___________________________ ___________________________
Henry Knackstedt, Council Member Glenese Pettey, Council Member
___________________________ ___________________________
Jim Glendening, Council Member Teea Winger, Council Member
___________________________
Victoria Askin, Council Member
Page 110
February 17, 2021
Honorable Ben Carpenter
State Capital Room 400
Juneau, AK 99801
Re: Kenai Bluff Stabilization Project – State of Alaska Capital Improvement Program
Dear Representative Carpenter,
At our meeting of February 3, 2021, the Kenai City Council passed Resolution 2021-07,
establishing the City’s capital improvement program priorities for State of Alaska funding requests
for fiscal year 2022. We appreciate the opportunity to prioritize and describe all of these important
projects to the State for consideration but wanted to provide additional detail on our top priority
project: Kenai Bluff Stabilization.
The City of Kenai has recognized this project as a number one priority for over 30 years, and we
have reached a point in which it can become a reality with full project funding. It is a critical first
step in the revitalization of Old Town Kenai, an area of cultural and historical significance to
Alaska. Preservation and development efforts have been restrained in this area due to the
consistent erosion of the nearby bluff. Stabilization of this bluff will eliminate uncertainty and allow
for investment in businesses, residences, and improvements to public parks and recreation areas.
Beyond Old Town, this project makes the statement that the City of Kenai is a worthy investment.
With Federal, State, and Local monies, including the issuance of general obligation bonds
approved by Kenai voters, being utilized to construct this project, all levels of government are
partnering towards a vibrant and stable Kenai that can preserve its unique cultural identity as well
as fulfill its potential as a hub of tourism, fishing, and business development on the Kenai
Peninsula.
The benefits of this project are significant, including stabilization of 31 bluff parcels and saving 27
structures, including the senior center and senior housing complex. Roads and other valuable
infrastructure will be saved. It will protect against cultural vulnerability such as the loss of historical
and archaeological sites and provide residents of Old Town Kenai and visitors who frequent the
bluffs greater safety. It will also provide needed economic development opportunities during a
period of recovery.
This project is of vital importance to the City of Kenai, and we are looking forward to its successful
completion. The United States Corps of Engineers, Alaska District issued the Final Section 116
Feasibility Report and Environmental Impact Statement in March of 2019. The Director’s Report,
Page 111
Page 2 of 2
the document that formally concurs with the Report’s recommendations, was signed on April 10,
2019. That concurrence places the project on the USACE work plan, making it eligible to receive
Federal funding for both design and construction. Both the design and construction phases are
supported by Federal funding at 65% and non-Federal funding (City, State, or other eligible funds)
at 35%, with a total estimated cost of $32,500,000.
The City is requesting capital funding to support this project in the amount of $5,000,000. The
resultant match from Federal funds would be over $9,200,000. We support any and all efforts of
the State to stretch our limited capital funds by investing in projects that result in matching funds,
increasing the benefits of those projects to businesses in our State and to our economy.
Leveraging $5,000,000 of State Capital funding into over $14,200,000 of economic activity in our
State in support of this project provides an outstanding return on the investment of the State’s
money, while helping the City save critical infrastructure and drive additional private capital
investment in Old Town Kenai.
Thank you for your consideration.
Sincerely,
CITY OF KENAI:
___________________________ ___________________________
Brian Gabriel, Mayor Bob Molloy, Vice Mayor
___________________________ ___________________________
Henry Knackstedt, Council Member Glenese Pettey, Council Member
___________________________ ___________________________
Jim Glendening, Council Member Teea Winger, Council Member
___________________________
Victoria Askin, Council Member
Page 112
February 17, 2021
Honorable Ronald Gillham
State Capital Room 410
Juneau, AK 99801
Re: Kenai Bluff Stabilization Project – State of Alaska Capital Improvement Program
Dear Representative Gillham,
At our meeting of February 3, 2021, the Kenai City Council passed Resolution 2021-07,
establishing the City’s capital improvement program priorities for State of Alaska funding requests
for fiscal year 2022. We appreciate the opportunity to prioritize and describe all of these important
projects to the State for consideration but wanted to provide additional detail on our top priority
project: Kenai Bluff Stabilization.
The City of Kenai has recognized this project as a number one priority for over 30 years, and we
have reached a point in which it can become a reality with full project funding. It is a critical first
step in the revitalization of Old Town Kenai, an area of cultural and historical significance to
Alaska. Preservation and development efforts have been restrained in this area due to the
consistent erosion of the nearby bluff. Stabilization of this bluff will eliminate uncertainty and allow
for investment in businesses, residences, and improvements to public parks, and recreation
areas.
Beyond Old Town, this project makes the statement that the City of Kenai is a worthy investment.
With Federal, State, and Local monies, including the issuance of general obligation bonds
approved by Kenai voters, being utilized to construct this project, all levels of government are
partnering towards a vibrant and stable Kenai that can preserve its unique cultural identity as well
as fulfill its potential as a hub of tourism, fishing, and business development on the Kenai
Peninsula.
The benefits of this project are significant, including stabilization of 31 bluff parcels and saving 27
structures, including the senior center and senior housing complex. Roads and other valuable
infrastructure will be saved. It will protect against cultural vulnerability such as the loss of historical
and archaeological sites and provide residents of Old Town Kenai and visitors who frequent the
bluffs greater safety. It will also provide needed economic development opportunities during a
period of recovery.
This project is of vital importance to the City of Kenai, and we are looking forward to its successful
completion. The United States Corps of Engineers, Alaska District issued the Final Section 116
Page 113
Page 2 of 2
Feasibility Report and Environmental Impact Statement in March of 2019. The Director’s Report,
the document that formally concurs with the Report’s recommendations, was signed on April 10,
2019. That concurrence places the project on the USACE work plan, making it eligible to receive
Federal funding for both design and construction. Both the design and construction phases are
supported by Federal funding at 65% and non-Federal funding (City, State, or other eligible funds)
at 35%, with a total estimated cost of $32,500,000.
The City is requesting capital funding to support this project in the amount of $5,000,000. The
resultant match from Federal funds would be over $9,200,000. We support any and all efforts of
the State to stretch our limited capital funds by investing in projects that result in matching funds,
increasing the benefits of those projects to businesses in our State and to our economy.
Leveraging $5,000,000 of State Capital funding into over $14,200,000 of economic activity in our
State in support of this project provides an outstanding return on the investment of the State’s
money, while helping the City save critical infrastructure and drive additional private capital
investment in Old Town Kenai.
Thank you for your consideration.
Sincerely,
CITY OF KENAI:
___________________________ ___________________________
Brian Gabriel, Mayor Bob Molloy, Vice Mayor
___________________________ ___________________________
Henry Knackstedt, Council Member Glenese Pettey, Council Member
___________________________ ___________________________
Jim Glendening, Council Member Teea Winger, Council Member
___________________________
Victoria Askin, Council Member
Page 114
February 17, 2021
Honorable Peter Micciche
State Capital Room 504
Juneau, AK 99801
Re: Kenai Bluff Stabilization Project – State of Alaska Capital Improvement Program
Dear Senate President Micciche,
At our meeting of February 3, 2021, the Kenai City Council passed Resolution 2021-07,
establishing the City’s capital improvement program priorities for State of Alaska funding requests
for fiscal year 2022. We appreciate the opportunity to prioritize and describe all of these important
projects to the State for consideration but wanted to provide additional detail on our top priority
project: Kenai Bluff Stabilization.
The City of Kenai has recognized this project as a number one priority for over 30 years, and we
have reached a point in which it can become a reality with full project funding. It is a critical first
step in the revitalization of Old Town Kenai, an area of cultural and historical significance to
Alaska. Preservation and development efforts have been restrained in this area due to the
consistent erosion of the nearby bluff. Stabilization of this bluff will eliminate uncertainty and allow
for investment in businesses, residences, and improvements to public parks and recreation areas.
Beyond Old Town, this project makes the statement that the City of Kenai is a worthy investment.
With Federal, State, and Local monies, including the issuance of general obligation bonds
approved by Kenai voters, being utilized to construct this project, all levels of government are
partnering towards a vibrant and stable Kenai that can preserve its unique cultural identity as well
as fulfill its potential as a hub of tourism, fishing, and business development on the Kenai
Peninsula.
The benefits of this project are significant, including stabilization of 31 bluff parcels and saving 27
structures, including the senior center and senior housing complex. Roads and other valuable
infrastructure will be saved. It will protect against cultural vulnerability such as the loss of historical
and archaeological sites and provide residents of Old Town Kenai and visitors who frequent the
bluffs greater safety. It will also provide needed economic development opportunities during a
period of recovery.
This project is of vital importance to the City of Kenai, and we are looking forward to its successful
completion. The United States Corps of Engineers, Alaska District issued the Final Section 116
Feasibility Report and Environmental Impact Statement in March of 2019. The Director’s Report,
Page 115
Page 2 of 2
the document that formally concurs with the Report’s recommendations, was signed on April 10,
2019. That concurrence places the project on the USACE work plan, making it eligible to receive
Federal funding for both design and construction. Both the design and construction phases are
supported by Federal funding at 65% and non-Federal funding (City, State, or other eligible funds)
at 35%, with a total estimated cost of $32,500,000.
The City is requesting capital funding to support this project in the amount of $5,000,000. The
resultant match from Federal funds would be over $9,200,000. We support any and all efforts of
the State to stretch our limited capital funds by investing in projects that result in matching funds,
increasing the benefits of those projects to businesses in our State and to our economy.
Leveraging $5,000,000 of State Capital funding into over $14,200,000 of economic activity in our
State in support of this project provides an outstanding return on the investment of the State’s
money, while helping the City save critical infrastructure and drive additional private capital
investment in Old Town Kenai.
Thank you for your consideration.
Sincerely,
CITY OF KENAI:
___________________________ ___________________________
Brian Gabriel, Mayor Bob Molloy, Vice Mayor
___________________________ ___________________________
Henry Knackstedt, Council Member Glenese Pettey, Council Member
___________________________ ___________________________
Jim Glendening, Council Member Teea Winger, Council Member
___________________________
Victoria Askin, Council Member
Page 116
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Mary Bondurant, Airport Manager
DATE: February 8, 2021
SUBJECT: Airport Mid-Month Report February 2021
2018 Terminal Rehabilitation Project – Construction: The project has reached the closeout stage.
Closeout package to the FAA in March 2021. Project is under warranty until March 27, 2021.
2019 Alaska Fire Training Facility Rehabilitation & Acquire Aircraft Rescue and Firefighting Trucks
(ARFF) – This project has reached the closeout stage. The two ARFF vehicles are on-order with
OSHKOSH with a delivery date of June 2021.
2020 Acquire SRE (Loader) – The new 621F Case loader arrived at the Airport on Friday,
February 5, 2021. The closeout process will begin.
2020 Land Acquisition – The project is in the closeout process with the Airport Layout Plan being
updated to reflect this acquisition and other land updates. Once the ALP updates are complete
the closeout package will be submitted to the FAA.
2020 Sand/SRE Storage Building – This project is in winter shutdown; however, the engineers
provided an update that submittals are coming in and the contractor is ramping up for spring work.
Project is scheduled for completion in fall of 2021.
In-house Activities:
Airport Administration –
• The FY22 budget was completed and submitted to Finance on Friday, February 5, 2021.
• At the request of the FAA, a five-year Airport Capital Improvement Plan was submitted on
January 28, 2021. City Admin. will meet with FAA officials to discuss the program.
• Working on a package to submit to the NWAAAE on the terminal rehabilitation project for
their 50th anniversary history book. Deadline is February 28, 2021.
• Reviewing department procedures to identify efficiencies to improve or reduce costs to
operations.
• Working on the design of the terminal landscaping and upgrades to the camping sites at
the Float Plane Basin.
Page 117
Attachment
MEMORANDUM
TO: Mayor Gabriel and Council Members
THROUGH: Paul Ostrander, City Manager
FROM: Terry Eubank, Finance Director
DATE: February 10, 2021
SUBJECT: Finance Department Mid-Month Report – February 2021
The FY22 Budget is now a major focus of the department with preparation packets having been
distributed to department heads. The Council is scheduled to receive its first draft of the FY2022
budget in April. The budget calendar is attached. There is much work to be done by all City
departments over the next couple of months.
The department is implementing the change in asset allocation for the City’s Permanent Funds
adopted by Council on February 3rd. This transition will be implemented over time to avoid losses
when liquidating fixed income assets and to smooth the investment into the equity markets. The
transition should be complete by the end of the first calendar quarter 2021.
With the assistance of Vice Mayor Molloy and Councilors Askin and Glendening, the department
is preparing a request for proposal (RFP) to solicit the City’s auditors for the next three years.
The RFP is prepared and will be released in March with the expectation to have a resolution of
award before Council in April.
The Department issued a request for quotes to provide implementation assistance with the new
Governmental Accounting Standards Board Pronouncement number 87 dealing with the
accounting for leases. Quotes were obtained from three firms with BDO USA, LLP. Providing the
lowest quote of $11,000. Implementation was originally required by June 30, 2021 however,
because of COVID-19 the implementation was delayed to June 30, 2022. Despite the delay in
implementation the department plans to implement by June 30, 2021 as previously scheduled.
Funds were provided in the FY21 Budget for these services.
Page 118
CITY OF KENAI
FY 2022 BUDGET PREPARATION CALENDAR
Date Facilitator Action
January 5 Finance Director Revenue & COLA estimates to City Manager
January 8 City Manager & Finance
Director
Budget guidance and submission
requirements provided to department heads
with preparation packets.
January 15 Department Heads Overtime, new positions, and reclassification
requests to City Manager.
January 22 City Manager Personnel requests forwarded for analysis to
Human Resource Director.
January 29 Human Resource
Director
Personnel requests forwarded for analysis to
Finance Director.
February 5 Department Heads Department operational budget submission
due to Finance.
February 5 Department Heads Department Special Project requests due to
Finance.
February 12 Finance Director Personnel budget submitted to City Manager
February 19 City Manager City Manager approval of personnel budget
requests.
February 19 Finance Director Consolidated operational budget submitted to
City Manager.
February 19 Finance Director Consolidated Special Project requests
submitted to City Manager.
February 24-26
March 1-3
City Manager, Finance
Director & Department
Heads
Departmental budget meetings with City
Manager.
March 24 Finance Director & City
Manager
Budget goals public meeting
March 31 Public Works Director 5-year Capital Plan Complete
April 7 Finance Director Draft budget distributed to Council.
April 12 – April
30
City Manager, Finance
Director & Department
Heads
Budget work session. Meeting date to be
determined by Council.
April 28 Finance Director Budget Ordinance to City Clerk for May 5
Council packet.
May 5 Finance Director Introduction of Budget Ordinance.
May 10 Finance Director Publish notice of public hearing to adopt FY22
Budget.
May 11 Finance Director Mill Rate Resolution to City Clerk for May 19
Council packet.
May 19 Finance Director Public hearing and adoption of Budget
Ordinance
May 19 Finance Director Public hearing and approval of Mill Rate
Resolution (Must be provided to KPB by 6/15).
June 25 Finance Director Publication & distribution of Budget document.
Page 119
MEMORANDUM
TO: Mayor Brian Gabriel and City Council
THROUGH: Paul Ostrander, City Manager
FROM: Tony Prior, Fire Chief
DATE: February 8, 2021
SUBJECT: Fire Department Mid-Month Report – January
As we head into 2021 we begin with a decline in call volume comparative to January 2020
numbers. January calls for service are as follows:
Year 2020 2021 % change
January total 142 92 -35.2%
EMS 97 77 -20.6%
All Other 45 15 -66.7%
Year total 142 92 -35.2%
We joined with our neighboring departments to host a Paramedic Refresher and 8 of our
Paramedics attended the annual refresher. Our personnel were also very busy in completing their
vaccination training to begin hosting our clinics. We assisted Safeway to vaccinate occupants of
Vintage Point, then we assisted Nikiski Fire Department to vaccinate seniors who are part of our
Meals-On-Wheels Program. Both clinics were hosted at the Kenai Senior Center and follow up
clinics are scheduled for February 16.
We are now an “Enrolled Partner” with the State of Alaska Department of Public Health as
vaccinators to help in the COVID-19 pandemic. We completed our first clinic in coordination with
Soldotna Professional Pharmacy on the 6th of February with 218 total doses given by our staff
and more clinics to follow. There are still limited supplies of vaccines available and we will continue
to work through the Phases and Tiers the State has identified as we move forward.
I’d also like to thank them for helping cover shifts and as we begin hosting clinics that require our
whole staff to make those a success. I believe we are off to a good start in 2021!
Page 120
MEMORANDUM
TO: Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Katja Wolfe, Library Director
DATE: February 5, 2021
SUBJECT: Library Mid-Month Report January 2021
After being closed for over 2 months, the Kenai Community Library reopened on January 18,
2021, with a reduced building capacity and Grab & Go services. For more information on all the
services we provide, please visit our website at https://www.kenai.city/library.
January 2021 at a Glance
Items Borrowed Jan-20 Jan-21 2021 YTD
Physical 8,149 2,869 2,869
Digital 1,182 1,469 1,469
Visits and Services
Visitors Welcomed 6,942 870 870
Number of Curbside Pickups n/a 381 381
New Memberships 46 32 32
Programs
Number of Programs 30 17 17
People Reached (DIY Kits)380 168 168
People Reached Virtually n/a 675 675
Technology Sessions
Computer sessions 689 83 83
WiFi Sessions n/a 3,067 3,067
Page 121
Page 2 of 2
January 2021 programming highlights
• Virtual programs via Facebook, YouTube, and Zoom included
o Weekly Lego® challenge (155 views)
o Virtual story times (20 participants, 347 views)
o Zoom class visit (7 participants)
o Let’s Draw! Wooly Mammoth (97 views)
o Charcoal Portrait Demo (100 views)
o Bath Indulgence (125 views)
• DIY kits
o Calendar Cube (72)
o Comic Book Diary (40)
o Financial Wellness Kit (6)
o Time Thief Escape Room (50)
January 2021 library services highlights
• Curbside pickup service will continue during library hours
o Average of 12 curbside pickups per day (381 total)
o Numbers down since we reopened on January 18
• Transits:
o We loaned 676 items to member libraries of the Alaska
Library Catalog. These loans are in addition to the items
checked out at our library
o We borrowed 801 items from member libraries of the Alaska Library Catalog.
These loans are included in the number of items borrowed at our library.
• New collections
o New Discovery kits launched at the end of November 2020
Have checked out 37 times since then (turnover rate of 3!)
o Chromebooks are now available for checkout for home use.
Page 122
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Robert J. Frates, Parks & Recreation Director
DATE: February 9, 2021
SUBJECT: Mid-month Activity Report - January
The Kenai Multi-purpose Facility continued to see a significant uptick in ice hours reserved.
January’s total of reserved ice hours was 178.75, compared to 107.75 last year during this same
time. The Kenai Peninsula Hockey Association (KPHA) successfully held a COVID safe
Peninsula Games Tournament which included a few out-of-town teams.
Laborer Charlotte Thurman accumulated 21 hours clearing snow from fire hydrants. This was a
culmination of handwork and use of a tractor. The department received some volunteer
assistance through arrangements made by the Kenai Fire Department.
The recreation center has seen some increased traffic due to relaxation of certain COVID-19
restrictions. December’s attendance numbers were 1,123 visitors while January’s was 1,871. We
are encouraged this trend will continue.
Below is a list of activities accomplished by the department:
• Staff completed assigned online cyber-security training.
• A total of 35.25 hours were spent clearing snow from facility sidewalks and parking lot
areas.
• Operator Dodge groomed a total of 152.20 miles of ski trails located at the golf course;
total accumulated hours was 48.75.
• The department spent 24.50 hours maintaining the ice skating pond at Daubenspeck
Family Park. A handful of birthday parties have been held there as an alternative to utilizing
indoor facilities.
• Staff incorporated electrostatic sprayers to assist with COVID-19 disinfecting efforts. This
should significantly reduce labor hours needed for routine disinfecting of touch point
surfaces.
Page 123
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: February 9, 2021
SUBJECT: Planning and Zoning January 2021 Report
Planning and Zoning Commission Agenda Items and Resolutions
• Resolution PZ2020-37 - Preliminary Subdivision Plat of Beaver Creek Alaska Subdivision
2020 Replat, submitted by Segesser Surveys, Inc., 30485 Rosland Street, Soldotna, AK
99669, on behalf of Freedom Indeed LLC, P.O. Box 1109, Kasilof, AK 99610 and Luke
Saven LLC, P.O. Box 439, Kasilof, AK 99610
• Resolution PZ2021-03 - Preliminary Plat of Illiamna View Subdivision 2020 Replat,
submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, AK 99669, on behalf of
Clifford Heus and Kathleen Heus, 4540 Kenaitze Court, Kenai, AK 99611
• Resolution PZ2021-01 - Application for a Conditional Use Permit for eight additional
single family dwellings, on Government Lot 107, Section 31, Township 6 North, Range 11
West, and located at 1614 Second Avenue. The application was submitted by Byler
Contracting, P.O. Box 877750, Wasilla, AK 99687, on behalf of the TKC LLC, P.O. Box
10658, Bakersfield, CA 93389
Building Permit and Site Plan Reviews
Planning and Zoning staff reviews all Building Permits for compliance with the zoning code. The
Department conducted 2 Building Permit reviews in January, 2021.
Code Enforcement
There were no new code enforcement cases opened in January 2021.
Lands
The City did not receive any applications for Special Use Permits or Leases during January, 2021.
Professional Escrow Services is in the process of preparing the closing documents to complete
the purchase of Tract A, Original Townsite of Kenai Bluff Replat for the Bluff Erosion Stabilization
Project.
Page 124
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: David Ross, Police Chief
DATE: February 8, 2021
SUBJECT: Police & Communications Department Activity – January 2021
Police handled 470 calls for service in December. Dispatch received 200 9-1-1 calls. Officers
made 44 arrests. Traffic enforcement resulted in 157 traffic contacts and 49 traffic citations.
There was 1 DUI arrest. Officer investigations were conducted on 8 motor vehicle crashes.
There was 1 collision involving a moose. There were no collisions involving drugs or alcohol.
One new officer completed his field training, and two new officers continue in their field training.
Two new officers started a three week lateral officer academy in Sitka at the Department of Public
Safety Training Academy.
Our School Resource Officer has returned to his regular assignment in the schools. He handled
multiple police related calls in the schools this month and taught DARE classes at Mountain View
Elementary.
The Dispatch Center experienced some employee turnover this month and will be working to fill
a part-time and a full-time dispatch position. The large grant funded dispatch radio console
replacement project is underway and completion is anticipated in February.
643
265
509
252
470
2000
200
400
600
800
Total Police Service Calls 911 Calls Received
2019(Jan 1 - Jan 31)2020(Jan 1 - Jan 31)2 2021(Jan 1 - Jan 31)
Page 125
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
THROUGH: Dave Ross, Police Chief
FROM: Jessica “JJ” Hendrickson, Animal Control Chief
DATE: February 1, 2021
SUBJECT: January 2021 Monthly Report
This month the Kenai Animal Shelter took in 54 animals. Animal intake and disposition:
DOGS:
INTAKE 41 DISPOSITION 12
Waiver 4 Adopted 4
Stray 15 Euthanized 2
Impound 0 Claimed 6
Protective Custody 0 Field Release 0
Quarantine 2 Transferred 0
Microchips 18 Other Dispositions 0
Other Intakes 2
CATS:
INTAKE 13 DISPOSITION 20
Waiver 5 Adopted 11
Stray 8 Euthanized 2
Impound 0 Claimed 1
Protective Custody 0 Field Release 0
Quarantine 0 Transferred 6
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0 Animal dropped with After Hours (days we are closed but cleaning and with KPD)
38 Animals are known borough animals
30 Animals are known City of Kenai
5 Animals are known City of Soldotna
0 Animals from unknown location
33 Field Investigations & patrols
0 Volunteer Hours Logged
0 Citations
0 Educational Outreach
Statistical Data:
73 2019 YTD Intakes
89 2020 YTD Intakes
54 2021 YTD Intakes
Microchips 0 Other Dispositions 0
Other Intakes 0
0
OTHER ANIMALS:
INTAKE 0 DISPOSITION 0
Chinchilla 0 Chinchilla 0
Rabbit 0 Rabbit 0
Other 0 Guinea Pig 0
DOA: 9 OTHER STATISTICS:
Dog 4 Licenses (City of Kenai Dog Licenses) 53
Cat 5
Page 127
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Scott Curtin, Public Works Director
DATE: February 2021
SUBJECT: Mid-Month Report - Public Works / Capital Projects
• Terminal Building Rehabilitation Project – The project reached Substantial Completion on
March 27, 2020! Facility is in the warranty period through March 27, 2021. All closeout
documentation has been received from the Contractor. Final Notice of Completion was
received from the Department of Labor on January 5, 2021. Closeout with the Federal
Aviation Administration is expected to start in March 2021.
• Alaska Regional Fire Training Facility Building Rehabilitation Project – The project reached
Substantial Completion on June 2, 2020 and Fire Training successfully took place this past
summer. Staff continues to work with the FAA on project closeout. Project will continue
through Warranty phase through June 2021.
• Alaska Regional Fire Training Facility Equipment Rehabilitation Project - The project reached
Substantial Completion on March 13, 2020 and Fire Training successfully took place this past
summer. The Contractor did return to complete Punch list items last September, a propane
tank inspection was conducted at that time and did identify deficiencies within that part of the
equipment. These repairs will take place in the spring coinciding with the next round of
training, so the Contractor will be onsite in the event of any operational issues.
• Alaska Regional Fire Training Facility Aircraft Rescue Fire Fighting (ARFF) Vehicles – The
Federal Aviation Administration (FAA) grant that provided funding for the other two projects
listed above is also providing for two new ARFF vehicles. One 1500 gal and one 3000 gal
unit, images below. Delivery is anticipated for June 2021, PO119953 was issued 3/19/20.
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Public Works Mid-Month Report
• Kenai Municipal Airport Wheeled Loader Replacement – An Invitation to Bid was released on
May 20, 2020 with bids due on June 10, 2020. Two bids were received with Yukon Equipment,
Inc. providing the lowest responsive bid for 2020 Case model 621G and associated
attachments. Total cost of loader with all attachments as well as some minor administrative
costs equal $270,000. An FAA grant will be covering 100% of the costs. Contract was
executed on September 4, 2020 and the Loader has now arrived in Kenai on February 4,
2021. Staff is finalizing preparations for placing the equipment in service and conducting
training with the Manufacturer’s representatives. See photo below. Yukon Equipment and
the City Shop staff have done an excellent job in completing this purchase for the City.
• Kenai Municipal Airport Sand Storage Facility – The City executed a design agreement to
HDL Engineering on April 17, 2020 for a new Sand Storage Facility. On August 7, 2020 Final
Design Documents were received and a Formal Invitation to Bid was released on August 10th
with Bids due on August 31st, 2020. Orion Construction was the successful bidder with a low
bid of $2,289,000. The City successfully executed a grant with the FAA on September 25,
2020 in the amount of $1,954,101, a second grant is anticipated for next Spring, May 2021,
to cover the remaining costs on a total project cost of $2,835,263. A Notice to Proceed for
Construction was issued for October 14, 2020, and the schedule will run 365 days. The
Contractor successfully mobilized to the site, cleared the area for the new building and brought
in structural fill where required by Contract. Project is now winterized and will start back up in
spring. Submittals will be completed over the winter months.
• Kenai Municipal Airport Airfield Drainage – Ordinance 3166-2020 Authorized HDL
Engineering to begin an assessment on both the existing runway as well as some ongoing
drainage issues. On December 14, 2020 an agreement was executed to begin investigations
on the Airfield Drainage project. The initial agreement in the amount of $37,230 will provide
for CCTV camera inspections of several thousand feet of storm main near the runway. On
January 8, 2021 we received a report from HDL with the condition assessment of the drainage
lines that were inspected prior to the Holidays. Based on this information HDL has provided
a proposal to complete Construction Documents for the replacement of approximately 500 LF
of the most deteriorated pipe, with other sections to wait and be completed along with the
future Runway Rehabilitation Project. Ordinance 3185-2021 is up for approval at the February
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Public Works Mid-Month Report
17, 2021 Council Meeting and appropriates additional funds for a total anticipated project cost
of $300,000.
• Dock repair – An Invitation to Bid was released on May 29, 2020 with Bids due on June 19,
2020. No bids were received. On July 10, 2020 the project was re-advertised for bids with
bids due on July 27, 2020. The City received one Bid from Endries Company in the amount
of $298,365. Ordinance 3154-2020 was introduced on August 5, 2020 and approved on
August 19, 2020. Formal contract was executed with Endries Company on August 31, 2020
with a formal Notice to Proceed provided on the same day. Work associated with the Cathodic
Protection is now complete. The remaining Work will need to wait until warmer temperatures
arrive in the spring. Anticipated final completion June 1, 2021.
• Peninsula Avenue Bluff Erosion 2020 – An Invitation to Bid was released on May 31, 2020
with Bids due on June 19, 2020. Four bids were received with Foster Construction being the
lowest responsive responsible bidder at $94,670. Council approved the project through
passage of Resolution 2020-57 at the July 1, 2020 meeting. Contractor has completed
submittals with the Engineers, and is anticipated to mobilize to the site on September 11, 2020
and begin moving dirt the week of the 14th. As of October 13th the project is nearly complete.
The project was successful and will require installation of top soil and grass seed in the spring.
The December 16, 2020 Council Packet includes a Purchase Order increase request, to
Foster’s Construction to account additional necessary measures taken to control ground water
and runoff during construction, details within the included Memo. The Department would like
to thank Fosters Construction and Larsen Engineering for their efforts on the project.
• Vault Restrooms – 100% Design documents were received on June 10, 2020 from Nelson
Engineering. An Invitation to Bid was released on June 14, 2020 with Bids due on June 29,
2020. Four bids were received with Polar North Construction being the lowest responsive
responsible bidder at $359,850. Council approved the project through passage of Resolution
2020-58 at the July 1, 2020 meeting. Contract documents were executed on July 23, 2020.
Construction is now shutdown for the winter. Pending Change Order 1 shall provide for a
credit back to Owner in the amount of $264 for minor changes to door hardware, and will add
time to the contract to allow final painting to take place in spring under warmer temperatures.
Construction has proceeded very smoothly, please extend the City’s gratitude to Polar North
Construction and Nelson Engineering for making this project a success.
• Waste Water Treatment Plant Master Plan – Resolution 2020-48 was approved at the June
17, 2020 Council meeting allowing this work to proceed. On July 2, 2020 HDL staff and
consultants spent the day on the property going through all systems of the plant. On August
31, 2020 the first draft assessment was received. Staff continues to work with HDL to develop
plans for the facility in preparation of updates to the Capital Plan. HDL also continues to assist
the department with the renewal of our APDES Permit which expires every five years.
• Waste Water Treatment Plant WAS Pumps – Polar North was awarded a Contract on
September 22, 2020 in the amount of $79,703 to demo and replace 40-year-old pumps. Both
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Public Works Mid-Month Report
pumps are now installed and operational. Painting of the piping, installation of pipe stands,
and final cleanup is pending. There is a pending change order #1 in the amount of $3,865,
which provided for installation of air release valves which greatly improved the pumps
operation. The Project has been a great success, the pumps were previously 15hp and the
new ones are 3hp and work more efficiently, which will further assist with reductions in utility
costs for the facility. Polar North and the Waste Water staff ensured this project was
completed on time and on budget, their efforts are appreciated.
• Waste Water Treatment Plant Replacement Sludge Press – Resolution 2020-95 approved at
the December 16, 2020 Council meeting authorized HDL Engineering to begin the Design
Phase of the WWTP Replacement Sludge Press. Contract Documents were executed on
January 6, 2021 with a Notice to Proceed issued on January 11, 2021. First step will be to
request proposals from various press manufacturers and make a selection to move through
design phases with. Presses of this type typically take six months to manufacturer, goal will
be to have an operational new press around late November 2021. On February 3, 2020 HDL
staff was on site taking measurements and further detailing the new press location and
associated appurtenances.
• USACE Bluff Erosion – See City Manager’s report. Director’s Report from the Army Corp of
Engineers was signed April 10, 2019. On June 17, 2020 Council authorized the City Manager
to sign the MOU received from the Corp. PED Agreement arrived on September 2, 2020.
The City mailed a check in the amount of $350,000 on September 18, 2020 to cover the City’s
initial share of PED costs. Meetings have begun with the City Manager and Public Works
Director with the ACOE. Draft RFP Docs were sent to ACOE Staff for comment on December
8, 2020 during phone conference with ACOE, City Manager and PWD. Comments were
received back on December 9th. Formal Request for Proposals was released on January 28,
2021, Pre-proposal zoom meeting was conducted on February 9, 2021 with approximately
twenty people attending. Proposals will be received on March 4, 2021 and we expect to be
under contract approximately April 1, 2021.
• Multi-purpose Facility – The Building Maintenance Department went through the Ice Rink and
pressure washed all of the algae that has been growing on the steel beams. Nelson
Engineering was also able to come out and assess the structure and condition of the rusting.
Formal report was received on October 6, 2020. Work will continue in the spring.
• Recreation Center – The Building Maintenance Department and Streets Department are
performing repairs with in house personnel. Repairs to a drainage issue on the west side of
building are being completed, as well as pressure washing of the building and new exterior
staining. Photos below. Work will continue into the spring as weather warms back up.
• Kenai Municipal Airport (KMA) Tractor & Mower – Invitations to Bid were released on
November 20, 2020 with Bids Due on December 8, 2020. This project is in support of Airfield
Maintenance Operations and is identified as Project No. 5 for the Airport Fund in the City’s
current Capital Improvement Plan. Council can expect to see legislation in December in
relation to this Project. Ordinance 3176-2020 was approved at the January 6th, 2021 Council
Meeting with an Award to Craig Taylor Equipment in the amount of $151,736. Formal Notice
of Award was issued on January 12th, contract was formally executed on January 21, 2021
and the equipment is now on order. Anticipated arrival August 2021.
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Public Works Mid-Month Report
• Fire Sprinkler Testing, Inspection & Monitoring – Invitations to Bid were released on November
20, 2020 with Bids Due on December 8, 2020. This will be for up to a five year term service
agreement for all City Facilities. Resolution 2020-93 with a Contract Award to Yukon Fire
Protection was approved at the December 16, 2020 Council meeting. Total contract for five
years services totals $74,373. Contractor will be in Kenai on starting on January 18th going
through all City owned facilities. The Contractor has performed all preliminary site inspections
with the exception of the Senior Housing which was decided to wait until after their vaccination
clinics which were actively taking place when contractor started. The City received Yukon
Fire’s formal report on February 2, 2021, the Contractor is set to return in March and begin
repairing deficiencies identified during their inspection. Council will see some upcoming
legislation to address needs at the Visitors Center and Recreation Center that are beyond the
current budgeted contingencies.
Page 132
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Kathy Romain, Senior Center Director
DATE: February 8, 2021
SUBJECT: January 2021 Monthly Report
Home Delivered Meals 1107
Home Delivered Meals – COVID-19 1389
Pick-Up Meals – COVID-19 164
Grocery Shopping Assistance 6
Vintage Pointe Meals – COVID-19 409
Though closed to the public, the Senior Center continues to provide services to our senior
population. During this crisis we have been able to offer the following:
• Home delivered meals, served Monday – Friday to over 100 individuals in the greater
Kenai area.
• Pick-up curb side meals
• Shopping and delivery assistance through Country Foods.
• Prescription pickups and delivery.
• Low income food box delivery.
• Information on COVID19, State of Alaska benefits, and the newest scams surrounding
the current crisis.
• PFD Applications
In January, we were able to host two vaccination clinics in conjunction with Kenai Safeway and
Kenai and Nikiski Fire Departments. More than 60 individuals, 65 and older received the vaccine.
Kenai Senior Connection, Inc., held their annual meeting in the Senior Center dining room on
January 22. The Board voted to purchase a countertop ice/water dispenser, home meal client
coolers, a water bottle filler/drinking fountain and new computers for senior learning. All of these
purchases are geared toward COVID-19 safety concerns and the re-opening of the Senior Center.
Page 133
PURCHASE ORDERS BETWEEN $2,500.00 AND $15,000.00 FOR COUNCIL REVIEW
COUNCIL MEETING OF: FEBRUARY 17, 2021
VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT
NORTH ST AR SUPPLY CALCIUM CHLORIDE STREETS OPERATING SUPPLIES 13,671.00
ZONES ADOBE ACROBAT SUBSCRIPTIONS VARIOUS SOFTWARE 3,762.78
STATE OF ALASKA -DEC ANNUAL PERMIT-WASTEWATER SYSTEM WWTP DUES & PUBLICATIONS 7,920.00
KACHEMAK ELECTRIC N. TARMAC LIGHT POLE REPAIR AIRPORT REPAIR & MAINTENANCE 13,140.00
SNAP-ON INDUSTRIAL VEHICLE DIAGNOSTICS SHOP OPERATING SUPPLIES· 3,263.45
Page 134
FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
1
Version 4
February 9, 2021
Question 1: What is the process for filing an Alternate Measure?
Answer: The Security Directives (SD) 1542 21-02 contain a section that allows an airport
operator to make a request of the Federal Security Director (FSD) for alternative measures to
comply with the security requirements contained in an SD. The airport operator must propose
alternative measures to those in the SD that meet or exceed the requirements outlined therein. An
Alternative Measure is not meant to be a means of relieving an airport operator of a security
measure or reducing the scope of a measure.
If an FSD fully supports the Alternative Measure submitted by the airport and the included
proposed alternatives meet or exceed the requirements in the SD, then the FSD may recommend
the measure to the Assistant Administrator of Policy, Plans and Engagement for consideration.
SD Section: APPROVAL OF ALTERNATIVE MEASURES
The operator must immediately notify the FSD whenever any action required by this SD or a
TSA-approved alternative measure cannot be carried out. In accordance with 49 CFR
1542.303(d), the airport operator may submit proposed alternative measures and the basis for
submitting those measures in writing to the Assistant Administrator for Policy, Plans, and
Engagement through the FSD.
Question 2: Does the SD apply to Military/Government Charters that operate out of non-
airport location, such as a military base, or Fixed Base Operation?
Answer: Military/Government Charter Flight are not regulated under 49 CFR part 1544.
Question 3: What is meant by “escort them from the airport”?
Revised Answer: SD 1542-21-01 B.2 Should an individual refuse to wear a mask at the airport
after being asked to do so, they must be escorted from the airport at the earliest safe opportunity.
Compliance with this Security Directive will be achieved by escorting the individual who refuses
to wear a mask to the area closest to the affected terminal that is not covered by the airport’s
security program. At airport locations where such an escort is impracticable, compliance may be
achieved by escorting the individual who refuses to wear the mask to the outdoor area that is
closest to the affected airport terminal and directing them to leave airport property.
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FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
2
Version 4
February 9, 2021
Question 4:
Can you confirm that in offices and other spaces located in non-public locations in the
airport where employees, authorized representative or contractors are alone, a mask is not
necessary and will not be enforced?
Does this mask mandate apply to areas of an airport that are not accessible by the general
public? (I.E. conference rooms, cargo areas, fire department, etc.)
As it would relate to our private hangar and offices that are not accessible to the public,
and not related to passenger or cargo transportation. Do you have any guidance for us on
the applicability of the SD in our own, non-public hangar?
Can you expand upon the scope of “in or on the airport”? Does this include the parking
garage, gas station, grocery store, general aviation facilities, etc.? (There are a number of
entities on airport property that do not pertain to aviation).
Answer: Yes, a mask is required to be worn while on airport property, unless the individual
meets one of the exemptions described in the SD or EA. TSA has determined that all guidance
provided includes the mandate of wearing a mask at the airport and offices are not expressly
excluded.
Question 5: Are crewmembers on the flight deck required to wear a mask?
Answer: SD 1544-21-01 allows for exemptions for aircraft operators in Section F.3. Section F.3
identifies an exemption for people for whom wearing a mask would create a risk to workplace
health, safety, or job duty as determined by the relevant workplace safety guidelines or federal
regulations.
Question 6: Can an aircraft operator compile the incident reports, collect the requested
data, and crew reports, and then notify TSOC at a later time?
Answer: SD 1544-21-01 requires regulated entities to follow incident reporting procedures in
accordance with its TSA-approved standard security program.
Question 7: Enforcement continues to be a concern – not the basic mask wearing but rather
the putting your mask on between food bites while eating language. They are concerned
with having to enforce this.
Answer: The requirement to wear a mask does not apply while an individual is actively
consuming a meal. Aircraft and Airport Operators must use their own judgment on a case-by-
case basis.
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FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
3
Version 4
February 9, 2021
Question 8:
For reporting, are we required to report every event in which a passenger refuses to wear a
mask, absent a threat, or only when it involves a security-related incident?
What sort of effort is sufficient when it comes to obtaining names and contact information
under Section G?
Answer: Operators must report all security incidents when an individual refuse to comply with
mask requirements/refuses to comply with instruction given by a crew member with respect to
wearing a mask. Operators should provide the information requested in (SD 1542-21-01,
Section G; SD 1544-21-02, Section G; EA 1546-21-01, Section G) if available. While a name is
necessary to pursue an investigation into the incident, incidents must still be reported even if the
name of the violator is not available.
Question 9: Does the exemption to allow masks to be briefly removed to eat, drink, and
take oral medications extend to smoking?
Answer: The CDC Order does not provide an exemption for smoking. TSA SD 1542-21-01 is
consistent with the CDC Order and does not provide an exemption for smoking.
Question 10: Does SD 1542-21-01 require Law Enforcement Officers to remove individuals
from the airport?
Answer: The SD 1542-21-01 requires airport operators to escort individuals who refuse to wear a
mask from the airport. TSA does not specify that the removal must be done by a LEO.
Question 11: How will passengers who have been granted a medical exemption be
identified, so they are not challenged for not wearing a mask?
Answer: The Airport Operator is responsible for ensuring a passenger complies with SD 1542-
21-01, including that the passenger has a valid medical exemption. The SD does not require a
specific process. The Airport Operator may implement a process to assist them in identifying
passengers who have been exempted, including coordination with Aircraft Operators/Foreign Air
Carriers.
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FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
4
Version 4
February 9, 2021
Question 12: When a passenger claims a disability exemption, does the airline/airport have
to request medical documentation?
Answer: As discussed in Footnote #6 in SD 1542-21-02, airport operators may impose
requirements, or conditions of carriage, on persons requesting an exemption from the
requirement to wear a mask, including medical consultation by a third party, medical
documentation by a licensed medical provider, and/or other information as determined by the
airport operator, as well as require evidence that the person does not have COVID-19 such as a
negative result from a SAR-Co V-2 viral test or documentation of recovery from COVID-19.
CDC definitions for SAR-CoV-2 viral test and documentation of recovery are available in
Frequently Asked Questions at: https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-
international-air-travelers.html. Airport operators may also impose additional protective
measures that improve the ability of a person eligible for exemption to maintain social distance
(separation from others by 6 feet), such as scheduling travel at less crowded times or on less
crowded conveyances, or seating or otherwise situating the individual in a less crowded section
of the conveyance or airport. Airport operators may further require that persons seeking
exemption from the requirement to wear a mask request an accommodation in advance. The TSA
checkpoint does require medical documentation.
Questions 13:
How will federal enforcement work with passengers?
Once we pass the information we have to TSOC, does it go to TSIs for potential action or
does it go to another agency for action?
Answer: For security-related incidents, TSA will be the POC; for safety related incidents, please
contact FAA.
Question 14: Can a passenger be hit twice with violations (once by TSA, once by FAA for
example)?
Answer: With respect to compliance with SD 1544-21-02 and EA 1546-21-01, TSA is the
agency that has authority; if the passenger commits other violations, the passenger could
potentially be subjected to additional penalties from other agencies for those additional
violations.
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FAQ for Post Security Directive (SD) /Emergency Amendment (EA) Mask Implementation
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Version 4
February 9, 2021
Question 15: Public Health England’s (the UK Government) guidance is that children 11
and younger are exempt from all face mask requirements, including those for air travel.
BA is anticipating a push back and compliance issue with parents who will cite this UK
government age exemption when told by BA that they must put a mask on their children 3
and older. Does the Preemption language in the EA cover this?
Answer: The preemption language in the EA does not apply because the UK measures are not
more protective. EA 1546-21-01 only provides an exemption for children under the age of 2. For
purposes of flight operations to, from, or within the U.S., the EA must be followed.
Question 16: Are TSA officers trained to inform individuals at the passenger screening
checkpoint the requirements for wearing a mask and will there be public announcements
within the airport?
Answer: Passengers who approach the TDC without a mask will be asked to wear or obtain one
to proceed. While the officer at the TDC will request that travelers temporarily lower the mask to
verify their identity, passengers who refuse to wear a mask will not be permitted to enter the
secure area of the airport, which includes the terminal and gate area.
SD 1542-21-01 requires that the airport operator must make best effort to provide individuals
with prominent and adequate notice of the mask requirements to facilitate awareness and
compliance. Notice may include, if feasible, advance notifications on digital platforms, such as
on apps, websites, or email; posted signage in multiple languages with illustrations; or other
methods as appropriate.
Question 17: What are the federal penalties that the passenger could be facing?
Answer: The TSA fine structure for individuals who violate the SD are below. Based on
substantial aggravating or mitigating factors, TSA may also seek a sanction amount that falls
outside these ranges.
1st offense – Recommend $250-$500
2nd offense – Recommend $500 - $1500
Question 18: Can copies of incident reports to TSOC be obtained? Through FOIA?
Answer: Yes, assuming no classified material and all FOIA redaction will apply to include
Security Sensitive Information and Personally Identifiable Information.
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Question 19:
Are flight school instructors and their students required to wear masks at all times?
Are masks required for outdoor staff such as those fueling aircraft or ramp personnel not
working within 6 feet of anyone?
Is a mask required to be worn in the airport designated smoking area?
Answer: Yes, a mask is required to be worn while on airport property, unless the individual
meets one of the exemptions described in the SD or EA. Outdoors activities are not an exemption
Question 20: We have numerous military installations at some of our airports. USAF,
USCG, guard, etc. We have always excluded these areas from our ASP and have always
held that those areas are not regulated under 1542. We haven’t notified them of the SD
requirements and aren’t planning to, based on the question 2 of the FAQ.
If TSA agrees that it does not apply there, is it because those areas aren’t regulated by 1542
and aren’t part of the ASP or something else? If the former, wouldn’t that same logic hold
when determining applicability to other areas of airport property not regulated by 1542
and not in the ASP? (nature trails, parks, parking lots, hotels, schools, businesses, etc.)
Answer: The requirements in SD 1542-21-01 do not apply at locations under the control of a
federal government agency or their contractors (as well as at locations under the control of
aircraft operators and foreign air carriers); the SD was issued to implement Executive Order
13998 “Promote COVID-19 Safety in Domestic and International Travel,” which was issued on
January 21, 2021, and to enforce the related order issued by the CDC. Executive Order 13991
“Protecting the Federal Workforce and Requiring Mask-Wearing”, issued on January 20, 2021,
addresses mask-wearing by employees and contractors in airports or on airport grounds; this
requirement applies regardless of whether the locations are described in the ASP.
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Question 21: We have numerous locations on airport property that may be a mile away
from the airfield proper. We have residential housing, sledding hills, walking trails, and
numerous other facilities that are in no way involved in air transportation, transportation
hub, or protecting the federal workforce. TSA’s interpretation and direction to apply to all
airport property is grossly overstepping the presidential EOs, the DHS emergency
declaration, and the CDC order.
Answer: TSA is implementing the requirements in SD 1542-21-01 based on EO 13998, and TSA
is enforcing the CDC Order Under Section 361 of the Public Health Service Act and 42 Code of
Federal Regulations (citations omitted), issued on January 29, 2021. The CDC Order expressly
exempts private conveyances operated for personal, non-commercial use. While residential
housing on airport property was not expressly contemplated by the CDC Order, TSA infers that
private residential housing used for personal, non-commercial use is also exempted. However,
sledding hills, walking trails, and numerous other facilities are not exempted.
Question 22: Due to the continued and protracted financial/operational stress the airline
industry continues to face during this COVID-19 pandemic, will TSA exercise enforcement
discretion with regulated entities?
Answer: The written guidance issued to the Compliance workforce regarding the SDs/EA
specifically addresses these concerns. It requires the TSI, as part of the investigation, to look into
whether the employee is excused from wearing a mask due to their job functions, including but
not limited to safety regulations from OSHA. The guidance will further require the TSI receive
concurrence from both field counsel and HQ before sending a Letter of Investigation. This
additional measure was added as another layer of review to ensure that LOIs are not being issued
to individuals who should not wear a mask because of these safety concerns.
Question 23: Can passengers wear a gaiter/gaiter-type face covering?
Answer: Yes, cloth masks should be made with two or more layers of a breathable fabric that is
tightly woven (i.e., fabrics that do not let light pass through when held up to a light source). If
gaiters are worn, they should have two layers of fabric or be folded to make two layers. Mask
should fit snugly but comfortably against the side of the face. Mask should be a solid piece of
material without slits, exhalation valves, or punctures. SD-1542-21-01 defines the term “mask,”
and footnote 2 of the SD contains information about masks and their proper wearing.
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Question 24: May an airport employee (not a TSA employee) be granted an exemption
from having to wear his mask when alone in an otherwise communal workplace? He has
provided medical documentation stating he has pulmonary embolus from previously
contracted COVID infection.
Answer: Footnote 7 of SD 1542-21-01 discusses a narrow exception that includes a person with
a disability who cannot wear a mask, or cannot safely wear a mask, for reasons related to the
disability. The disability must rise to a level where the disability renders the person incapable of
removing the mask. It is not meant to cover persons for whom mask-wearing may only be
difficult. Additionally, footnote 6 of this SD states that an airport operator may impose
requirements on persons requesting an exemption, impose additional protective measures, and
require that persons seeking a mask-wearing exemption request an accommodation in advance.
Footnote 5 of this SD states that persons who are experiencing difficulty breathing or shortness
of breath or are feeling winded may remove the mask temporarily until able to resume normal
breathing with the mask. Persons who are vomiting should remove the mask until vomiting
ceases. Persons with acute illness may remove the mask if it interferes with necessary medical
care such as supplemental oxygen administered via an oxygen mask.
Question 25: Would a tug driver be required to wear a mask if the mask fogs up their
corrective lenses, thus making for a safety concern?
Answer: A mask is required to be worn while on airport property, unless the individual meets one
of the exemptions described in the SD or EA. The exemption in SD-1542-21-01 is for “people
for whom wearing a mask would create a risk to workplace health, safety, or job duty as
determined by the relevant workplace safety guidelines or federal regulations.
Page 142
FEBRUARY 17, 2021
CITY COUNCIL MEETING
ADDITIONAL MATERIAL/REVISIONS
REQUESTED REVISIONS TO THE AGENDA/PACKET:
ACTION ITEM REQUESTED BY
Add to item J.1. City Manager Report City Manager
• Food Bag Photos
Kenai City Council - Regular Meeting Page 1 of 4
February 17, 2021
Kenai City Council - Regular Meeting
February 17, 2021 ꟷ 6:00 PM
Kenai City Council Chambers
210 Fidalgo Avenue, Kenai, Alaska
www.kenai.city
Action Agenda
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes) per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
council and will be approved by one motion. There will be no separate discussion of these items
unless a council member so requests, in which case the item will be removed from the consent
agenda and considered in its normal sequence on the agenda as part of the General Orders.
B. SCHEDULED PUBLIC COMMENTS
(Public comment limited to ten (10) minutes per speaker)
C. UNSCHEDULED PUBLIC COMMENTS
(Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 3191-2021 - Increasing
Estimated Revenues and Appropriations in the General Fund to Provide Assistance to
Kenai Residents Impacted by the COVID-19 Public Health Emergency with the Purchase
of Groceries and Necessary Household Goods in Kenai and Award a Professional Service
Agreement to the Kenai Chamber of Commerce and Visitors Center for Administration of
the Program.
2. ENACTED UNANIMOUSLY. Ordinance No. 3182-2021 - Increasing Estimated Revenues
and Appropriations in the Airport Special Revenue Fund for the 2021 Airport Sand
Screening Project.
3. ENACTED UNANIMOUSLY. Ordinance No. 3183-2021 - Increasing Estimated Revenues
and Appropriations in the General Fund – Police Department, and Accepting a Grant From
the US Department of Transportation Passed through the State of Alaska Department of
Transportation and Public Facilities for Traffic Enforcement Overtime Expenditures.
4. ENACTED UNANIMOUSLY. Ordinance No. 3184-2021 - Amending Kenai Municipal
Code 23.30.050 – Business Hours and Hours of Work to Allow for Alternate Work
Schedules in the Police Department.
Kenai City Council - Regular Meeting Page 2 of 4
February 17, 2021
5. ENACTED UNANIMOUSLY. Ordinance No. 3185-2021 - Increasing Estimated Revenues
and Appropriations in the Airport Special Revenue and Airport Improvements Capital
Project Funds and Amending a Professional Services Agreement for the 2021 Airfield
Drainage Rehabilitation Project at the Kenai Municipal Airport.
6. ENACTED UNANIMOUSLY. Ordinance No. 3186-2021 - Increasing Estimated Revenues
and Appropriations in the General Land Sale Permanent Fund to Transfer Earnings in
Excess of Budgeted Amounts to the City’s General Fund.
7. ENACTED UNANIMOUSLY. Ordinance No. 3187-2021 - Increasing Estimated Revenues
and Appropriations in the Airport Land Sale Permanent Fund to Transfer Earnings in Excess
of Budgeted Amounts to the City’s Airport Fund.
8. ENACTED UNANIMOUSLY. Ordinance No. 3188-2021 - Increasing Estimated Revenues
and Appropriations in the Water and Sewer Special Revenue and Wastewater Treatment
Plant Improvements Capital Project Funds for a Replacement Sludge Press.
9. ENACTED UNANIMOUSLY. Ordinance No. 3189-2021 - Increasing Estimated Revenues
and Appropriations in the General Fund and the Public Safety Capital Project Fund to
Provide Supplemental Funding to the Fire Department’s Station Alerting Project and
Authorizing a Purchase Order in Excess of $15,000 to Kachemak Electric for Performance
of the Work.
10. ENACTED UNANIMOUSLY. Ordinance No. 3190-2021 - Increasing Estimated Revenues
and Appropriations in the General Fund and Authorizing a Grant Disbursement Program for
Small Businesses that Did Not Previously Apply for Full Assistance from the City in 2020.
11. ADOPTED UNANIMOUSLY. Resolution No. 2021-08 - Awarding a Professional Services
Contract at the Kenai Municipal Airport for Airport Security Guard Services.
12. ADOPTED UNANIMOUSLY. Resolution No. 2021-09 - Further Extending the Disaster
Emergency Declaration for the City of Kenai Made on March 18, 2020 in Response to the
COVID-19 Health Emergency.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of January 20, 2021.
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting Minutes of February 3,
2021.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Bills to be Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval - Special Use Permit to
State of Alaska - Division of Forestry for Apron Parking.
Kenai City Council - Regular Meeting Page 3 of 4
February 17, 2021
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3/3/2021.
*Ordinance No. 3192-2021 - Increasing Estimated Revenues and Appropriations in the
General Fund Parks, Recreation and Beautification Department, and Authorizing an
Increase to the Multi-Purpose Facility Management Services Purchase Order to Red Line
Sports for Additional Ice Maintenance Services.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3/3/2021.
*Ordinance No. 3193-2021 - Accepting and Appropriating an Increase in the Title III
Grant from the State of Alaska Department of Health and Social Services for Nutrition,
Transportation and Support Services and a Grant from the United States Treasury Passed
Through the State of Alaska Department of Health and Social Services to Support the
Kenai Senior Center’s Response to the COVID-19 Public Health Emergency.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET FOR 3/3/2021.
*Ordinance No. 3194-2021 - Accepting and Appropriating Insurance Proceeds for
Damage to Wellhouse Number One in the Water and Sewer Capital Projects Fund,
Authorizing a Budget Transfer in the Water and Sewer Special Revenue Fund – Water
Department, and Appropriating the Estimated Residual Amount Needed to Relocate the
Damaged Facility to the Water and Sewer Complex on Shotgun Drive in the Water and
Sewer and Water and Sewer Capital Project Funds.
6. APPOINTMENT OF GWEN WOODARD CONFIRMED. Action/Approval - Confirmation
of Gwen Woodard, Nominated by the Mayor to Fill a Vacancy on the Planning and Zoning
Commission.
7. APPOINTMENT OF BARBARA ROLAND CONFIRMED. Action/Approval -
Confirmation of Barbara Roland, Nominated by the Mayor to Fill a Vacancy on the
Beautification Committee.
8. APPROVED AS WRITTEN. Action/Approval - Letter Supporting Bluff Erosion Project
Funding.
9. Discussion - COVID-19 Response.
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
Kenai City Council - Regular Meeting Page 4 of 4
February 17, 2021
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
M. PENDING ITEMS
N. ADJOURNMENT
O. INFORMATION ITEMS
1. Purchase Orders Between $2,500 and $15,000
2. State Department/Emergency Amendment Mask Implementation FAQ
The agenda and supporting documents are posted on the City’s website at www.kenai.city. Copies of
resolutions and ordinances are available at the City Clerk’s Office or outside the Council Chamber prior
to the meeting. For additional information, please contact the City Clerk’s Office at 907-283-8231.
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